Here are some tips for H 1B employers. Employers often face a relatively common dilemma. When they have found an ideal candidate for their position but cannot start this individual immediately because of he or she needs a visa, there are many questions that are raised. Being informed about this process not only makes it easier if the intent is to file petitions to bring over foreign employees, but it can also clear up common misconceptions about the necessary filing requirements.

Get Legal Help

The first thing that every employer should be aware of is that it can be extremely beneficial to work with an Arizona immigration attorney. There are limited H-1B visas available every year, and given the visas high demand, it may be impossible to receive an H-1B visa quickly enough to bring an employee to the country immediately. The U.S. Citizenship and Immigration Services accepts H-1B visas on April 1 with an employment start date of October 1.

Determine If Other Visas Are an Option

The employer should consult with an immigration attorney in Arizona about other visa options that may be available and the process required for H-1B visas, if at there is interest in bringing over an employee at a later time. The H-1B employer may need to pay the employee a salary that is at the higher end of the wage level for the occupational classification in the area of employment. Alternatively, the employer can pay the actual wage rate that is paid to other employees who have similar experience and qualifications for the position in question.

Keep the Right Filing Materials in Order

H-1B employers are additionally required to have specific documentation and information available for each H-1B employee. In order to meet the United States regulatory requirements, it is recommended that the employer have two separate files for each H-1B worker: a public inspection field and a Department of Labor investigation file. It’s a good idea to set up a meeting with your Arizona immigration attorney to review all your documents and make sure you’re prepared in the event that questions arise.

As you can see, working with H-1B employees can be extremely complex. Engaging with an Arizona immigration attorney  to discuss what is needed and to help  handle these concerns efficiently is essential. Employers should make sure to consult with an Arizona immigration attorney as soon as possible when they wish to hire someone from overseas.

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Tips for H 1B Employers, or other Immigration Law matters,  please feel free to contact Phil D. Ortega at  480.461.5330, log on to udallshumway.com,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.