January 25, 2019

H-1B Dependent Employer

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An “H-1B Dependent Employer” is a U.S. employer that hires a higher amount of H-1B employees than the normal standard. This is a great risk because the employer will then have to provide attestation obligations pertaining to the displacement of U.S. workers. In other words, the employer will need to provide evidence that qualified American workers are not having their jobs outsourced to foreign labor. Employers listed as H-1B dependent will most likely be questioned on their various recruiting efforts. For H1B Visa Process Visit UT Evaluators

To be labeled dependent, the employer can be identified under one of the categories:

A. The U.S. employer has 25 or less full-time employees. More than 7 employees are under H-1B status.

B. The U.S. employer retains 26 to 50 full-time employees. More than 12 are under H-1B status.

C. The U.S. employer has more than 50 full-time employees. About 15% or more of total hires are under H-1B status.

It is required for H-1B dependent employers to verify their dependence on foreign professionals with each LCA file to accompany the H-1B petition. The dependence should be clarified on every new employment application or extension form. For H1B Visa Process Check here

This also has an effect on the H-1B filing fees. Due to the Consolidated Appropriations Act, or Public Law 114-113, employers that have more than 50 employees in their workforce with more than half on H-1B status must pay a fee of $4,000 to the Department of Homeland Security. This is to help mitigate the number of employers who are able to take advantage of the H-1B system.

 

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