FAQ

Q1 Employer 1,082

Can my employer revoke my Green Card petition?

Yes, employers can withdraw or revoke Green Card petitions (I-140) before approval. After approval and 180 days, you may be able to "port" to a new employer under AC21. Once you have a Green Card, employer cannot revoke it.

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Q2 Employer 763

What are the employer's obligations in sponsoring a Green Card?

Employers must pay filing fees, provide job offer, prove ability to pay prevailing wage, and maintain the position. They cannot require employee to reimburse fees or work for specific period after Green Card.

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Q3 Employer 1,167

What is the PERM labor certification process?

PERM (Program Electronic Review Management) is the first step for most employment-based Green Cards. Employer must prove no qualified U.S. workers are available before sponsoring a foreign worker.

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Q4 Employer 718

What should I do if my employer doesn't want to sponsor H-1B?

If your employer won't sponsor H-1B:Discuss benefits of H-1B sponsorship (long-term employee, no need to worry about OPT...

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Q5 Employer 1,497

Can my employer fire me while my H-1B is pending?

Yes, employers can terminate employment at any time. However:If H-1B is approved but not yet started, you may lose the H...

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Q6 Employer 1,903

Can I negotiate my H-1B salary?

Yes, you can negotiate H-1B salary, but:Must meet prevailing wage requirement (minimum)Negotiate before LCA is filed (ea...

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Q7 Employer 523

What happens if my employer doesn't pay the prevailing wage?

If employer doesn't pay prevailing wage:Violates H-1B regulations and LCA termsYou can file complaint with Department of...

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Q8 Employer 1,463

What is an H-1B dependent employer?

H-1B dependent employer is one where:15% or more of workforce are H-1B workers (for employers with 50+ employees)Higher...

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Q9 Employer 1,457

Can my employer make me pay H-1B fees?

No, employer cannot make you pay certain H-1B fees:Employer must pay: ACWIA fee, fraud prevention fee, public law feeYou...

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Q10 Employer 1,295

What is the H-1B portability rule?

H-1B portability allows you to:Start working for new employer once new H-1B petition is filedDon't need to wait for appr...

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Q11 Employer 980

Can I work remotely for an employer in another state on H-1B?

Yes, but employer must file LCA for your work location:If you work from home office, LCA must cover that locationIf you...

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Q12 Employer 1,381

What happens if my employer goes out of business?

If employer goes out of business:Your H-1B status is immediately terminatedYou have 60-day grace period to find new empl...

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Q13 Employer 1,042

Can my employer reduce my salary on H-1B?

Salary reduction is generally not allowed on H-1B:Must maintain prevailing wage or actual wageReduction below prevailing...

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Q14 Employer 1,737

What is the difference between H-1B and H-1B1?

H-1B:For specialty occupation workersSubject to annual cap (85,000)Available to all countries6-year limit (extendable wi...

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Q15 Employer 1,863

Can I work as a contractor on H-1B?

Yes, but with important considerations:H-1B employer must be your employer of recordEmployer must have employer-employee...

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