H-1B Dependent Employer: Things You Need To Do

8/10/2019 H-1B Dependent Employer: Things You Need To Do

1/15

Call: 1-202-787-1944 or Visit: www.VisaPro.com

THE H-1B

EMPLOYER:WHAT DO YOU

NEED TO KNOW?

DEPENDENT


2/15

H

-

1B Dependent Employers are subject to

additional attestation and documentation while

filing for an H

-

1B.

Does this make it more difficult to petition

for qualified foreign workers?

FIND OUT.



3/15


H-1B DEPENDENT EMPLOYERS

A. Who are they?

B. When should employers determine their H-1B

dependency?

C. What are the additionalattestations anddocumentation they are subject to?

D. How do you determine if you are an H-1BDependent Employer?


4/15


A. H-1B DEPENDENT EMPLOYERS:

WHO ARE THEY?

25 full time employees of which 7 are H-1Bemployees.

26 to 50 full time employees of which more than 12are H-1B employees.

More than 50 full time employees of which 15% ormore of the work force are comprised of H-1Bemployees.?

An employer is determined to be H-1B dependent if

the employer has:


5/15


1. A Labor Condition Application (LCA)

2. A petition for a nonimmigrant worker(Forms I-129 / I-129W)

3. A request for an extension of H-1B status

B. H-1B DEPENDENT EMPLOYERS:

WHENTO CHECK DEPENDENCY?

Employers have to determine their H-1B dependency

when filing:


6/15


Advertise the job vacancy in U.S. before petitioningfor H-1B workers.

Take good faith steps to recruit U.S. workers and

document the recruitment steps.

Offer the higher of the prevailing wage or theemployers actual wage.

C. H-1B DEPENDENT EMPLOYERS:

ADDITIONAL ATTESTATION

Unlike regular H-1B employers, an H-1B Dependent

Employer must:


7/15Call: 1-202-787-1944 or Visit: www.VisaPro.com

Receive wages (including cash bonuses and similarcompensation) of at least $60,000 per year, or

Have a master's degree or higher, or the equivalent

in a specialty related to the intended employment

C. H-1B DEPENDENT EMPLOYERS:

EXEMPTIONS FROM ATTESTATION

H-1B foreign workers are exempt from attestations if

they:



Compare the total number of all H-1B workers withthe number of the total workforce (including H-1B workers)

If a small employer's snap-shot computation shows

that the employer is dependent, or if a largeemployer's calculation exceeds 15% of its workforce:the employer must then fully calculate itsdependency status.

D. H-1B DEPENDENT EMPLOYERS:

HOW TO DETERMINE - SNAP-SHOT TEST

If an employers dependency is not readily visible or is

borderline on dependency, he may use snap-shot test.



The total number of H-1B workers (including the full-time and part-time workers)

The total workforce of the employer in the United

States (including both U.S. workers and H-1Bworkers), and

Assess according to full-time equivalent employees

D. H-1B DEPENDENT EMPLOYERS:

HOW TO DETERMINE - FULL CALCULATION

The full calculation must take into consideration:



FountainHead LLC is an IT consulting companybased in San Francisco, CA.

They currently have 127 consultants and

6 administrative staff. Of the consultants20 are on H-1B visas.

Is FountainHead LLC an H-1B dependentemployer?

Case Scenario



Using the snapshot method as a startingpoint we find that with 133 employees, they

can have no more than 19.95 H-1Bs.

Since they have 20 H-1B employees they areover the threshold and have to makecomplete calculations based on FTEs (fulltime employees) and taking into account anyexempt H-1B employees.

Case Scenario


12/15


Just over half of the H-1B consultants (12)make over $60,000 per year.

When they are taken out of the equationFountainHead LLC is not H-1B dependentand does not have to take the additional

steps required of dependent employers.

Case Scenario


13/15


How can you be certainthat you are not H-1B Dependent?
http://visaoptions.visapro.com/VisaAssessment.asphttp://visaoptions.visapro.com/VisaAssessment.asp


14/15


About VisaPro

VisaPro was established in October 2002 with a dream to

provide exceptional U.S. immigration legal services at

reasonable costs to companies and individuals around the

globe and today we are proud to say that we have succeeded.

VisaPro offers services in the following areas:

Investor and Entrepreneur Advisory Services

Work Visas: E-3, H-1B, H-2B, H-3, L-1, O, P-1, P-3, TN

Investor Visas: E-1, E-2, EB-5

Green Cards

Employer Immigration Compliance
https://www.facebook.com/VisaProLLC?sk=wallhttps://www.facebook.com/VisaProLLC?sk=wallhttps://twitter.com/visaprolawhttps://twitter.com/visaprolawhttp://www.linkedin.com/company/visapro-immigration-services-llchttp://www.linkedin.com/company/visapro-immigration-services-llchttps://plus.google.com/+Visaproimmigrationservices/postshttps://plus.google.com/+Visaproimmigrationservices/postshttp://www.pinterest.com/visapro/http://www.pinterest.com/visapro/


15/15


Washington, DC

1050 17th Street NW

Suite 1000

Washington, DC 20036

New York

520 White Plains Road

Suite 500

Tarrytown, NY 10591

1100 S Hope St.

Suite 103

Los Angeles, CA 90015

Los Angeles

Contact Us

I have had the pleasure of working with the staff at VisaPro. Their knowledge, professionalism

and overall pleasantness made my job much easier. They assisted me every step of the way in

applying for an H1B Visa, I could not imagine getting through this process without them. I would

highly recommend VisaPro to anyone applying for a Visa. I would most definitely use VisaPro

again

Beverly Brawer,United States Luggage Company LLC
https://www.facebook.com/VisaProLLC?sk=wallhttps://www.facebook.com/VisaProLLC?sk=wallhttps://twitter.com/visaprolawhttps://twitter.com/visaprolawhttp://www.linkedin.com/company/visapro-immigration-services-llchttp://www.linkedin.com/company/visapro-immigration-services-llchttps://plus.google.com/+Visaproimmigrationservices/postshttps://plus.google.com/+Visaproimmigrationservices/postshttp://www.pinterest.com/visapro/http://www.pinterest.com/visapro/

Documents

H-1B Dependent Employer: Things You Need To Do