FAQ

Understanding employer control over Green Card petitions is important.

Key Points:

• Before approval: Employer can withdraw petition at any time
• After approval: If 180+ days passed, you may port to new employer
• After Green Card: Employer has no control - you're independent
• Best practice: Maintain good relationship, but know your rights

Employers have specific legal obligations when sponsoring Green Cards.

Key Points:

• Fees: Employer must pay PERM, I-140, and attorney fees (cannot require reimbursement)
• Prevailing wage: Must pay at least prevailing wage for the position
• Job offer: Must be bona fide, permanent position
• Prohibited: Cannot require employee to stay for specific period or reimburse costs

PERM is a critical step in employer-sponsored Green Card process.

Key Points:

• Purpose: Prove no qualified U.S. workers available for the position
• Recruitment: Employer must conduct extensive recruitment efforts
• Processing time: 6-12 months typically
• Approval required: Must have PERM approval before filing I-140

If your employer won't sponsor H-1B:

• Discuss benefits of H-1B sponsorship (long-term employee, no need to worry about OPT expiration)
• Offer to share costs (premium processing, attorney fees)
• Show your value to the company
• Consider alternatives: O-1 visa (if eligible), L-1 (if company has India office), or find new employer
• Start job search early if they refuse

Yes, employers can terminate employment at any time. However:

• If H-1B is approved but not yet started, you may lose the H-1B
• If H-1B is pending, termination may affect the petition
• You have 60-day grace period after H-1B termination to find new job or change status
• New employer can file H-1B transfer

Protection: Review employment contract, understand at-will employment, have backup plans.

Yes, you can negotiate H-1B salary, but:

• Must meet prevailing wage requirement (minimum)
• Negotiate before LCA is filed (easier to change)
• After LCA approval, changes require new LCA
• Consider total compensation (salary, bonus, benefits, stock)

Tips: Research market rates, highlight your value, negotiate professionally, get everything in writing.

If employer doesn't pay prevailing wage:

• Violates H-1B regulations and LCA terms
• You can file complaint with Department of Labor
• Employer may face penalties and back wages
• Your H-1B status may be at risk

What to do:

• Document all pay stubs and communications
• Contact DOL Wage and Hour Division
• Consider consulting immigration attorney
• May need to find new employer

H-1B dependent employer is one where:

• 15% or more of workforce are H-1B workers (for employers with 50+ employees)
• Higher percentage for smaller companies

Additional requirements:

• Must attest they didn't displace U.S. workers
• Must make good faith effort to recruit U.S. workers
• Must offer job to equally qualified U.S. worker if available

Most IT consulting companies are H-1B dependent.

No, employer cannot make you pay certain H-1B fees:

• Employer must pay: ACWIA fee, fraud prevention fee, public law fee
• You can pay: Premium processing (optional), visa stamping fees, travel costs
• Illegal: Employer requiring you to reimburse mandatory fees

What to do: Review fee structure, know your rights, report violations to DOL if employer demands reimbursement of mandatory fees.

H-1B portability allows you to:

• Start working for new employer once new H-1B petition is filed
• Don't need to wait for approval
• Applies if you had valid H-1B status with previous employer
• New employer files H-1B transfer petition

Benefits: Can change jobs quickly, no gap in employment, flexibility.

Risk: If new petition denied and old H-1B expired, you must leave U.S.

Yes, but employer must file LCA for your work location:

• If you work from home office, LCA must cover that location
• If you travel frequently, may need multiple LCAs
• Prevailing wage based on work location, not employer location
• Employer must post LCA notice at work location

Important: Working from unapproved location violates H-1B. Always inform employer of location changes.

If employer goes out of business:

• Your H-1B status is immediately terminated
• You have 60-day grace period to find new employer or change status
• New employer can file H-1B transfer
• You may be eligible for unemployment benefits (check state laws)

What to do: Start job search immediately, file H-1B transfer with new employer, or change to another status (B1/B2, F-1) if needed.

Salary reduction is generally not allowed on H-1B:

• Must maintain prevailing wage or actual wage
• Reduction below prevailing wage violates LCA
• Employer must file amended petition for significant changes
• May need new LCA if reduction is substantial

Exceptions: Temporary reduction due to business conditions (with proper documentation), part-time work (proportional reduction).

H-1B:

• For specialty occupation workers
• Subject to annual cap (85,000)
• Available to all countries
• 6-year limit (extendable with I-140)

H-1B1 (for Singapore and Chile):

• Similar to H-1B but for citizens of Singapore and Chile only
• 6,800 visas reserved (1,400 for Chile, 5,400 for Singapore)
• Not subject to regular H-1B cap
• Similar requirements and benefits

Yes, but with important considerations:

• H-1B employer must be your employer of record
• Employer must have employer-employee relationship with you
• Cannot be independent contractor (self-employed)
• If working at client site, employer must maintain control over your work

Common setup: Consulting company (your H-1B employer) places you at client site. Company maintains employment relationship.