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  • Sponsor requirements

    Does anyone know the requirements of an LC (labor certification requirement) sponsor?
    can a small (new) business be a sponsor and get approved?
    If you know a good lawyer who can me out with this.
    I appreciate it. Thanks.

  • #2
    Does anyone know the requirements of an LC (labor certification requirement) sponsor?
    can a small (new) business be a sponsor and get approved?
    If you know a good lawyer who can me out with this.
    I appreciate it. Thanks.

    Comment


    • #3
      As far as I know business must be established at least for two years. Employer must proof eligibility to pay you prevailing wage and certify to USCIS that there are no qualified US workers to accept this job. Log on to http://www.workforcesecurity.doleta....reign/perm.asp
      to get all information you needed to start with.

      Comment


      • #4
        rida, thanks for the info.
        This business atarted 2 years ago reporting a red for both years, but doing better this year. Hopefully, they will report a positive income. The owners however, have other income and doing very well. I hope anyone can input on the same situation. Thanks.

        Comment


        • #5
          Check this out:
          http://www.workpermit.com/us/employer_h-1b.htm#fein

          Any US employer can sponsor an H1B petition, provided it has an IRS Tax Number, also known as an IRS Number or Tax ID Number. This number is needed for obtaining approval of the Labor Condition Application (LCA), which is an essential preliminary to the H1B petition itself. However, employers should take note that sponsoring an H1B petition involves them making a number of undertakings, enforceable by heavy civil and criminal penalties: These undertakings are:-

          To pay the H1B worker at least the higher of the wage paid to similar workers in the same company or the "prevailing wage" (usually determined by the relevant State Employment Services Agency) for the occupation in the area the worker will be employed;

          That the recruitment of the H1B worker(s) will not adversely affect the conditions of the employer's US-resident employees in similar jobs;

          That there is no strike or lockout occurring at the time the Labor Condition Application is submitted, and that the approved LCA will not be used to support petitions for H1B aliens to be employed at the site of any subsequent strike or lockout;

          That a copy of the LCA form will be given to the H1B worker and either given to the bargaining representative of employees in similar occupations or (if there is no bargaining representative) posted in 2 conspicuous locations for at least 10 days in the place the H1B alien will be working;

          To maintain records of the LCA and the H1B alien's employment for inspection by the US Department of Labor.
          Note that the prevailing wage is generally lower for non-profit and academic/research organizations.

          Comment

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