THE LAW OFFICE OF MICHAEL A. PEZZUTO
Attorney at Law
230 W 7th Street, Ste. E
Oxnard, CA  93030
Mailing  Address:
2081 N. Oxnard Blvd #270
Oxnard, CA. 93036

(805) 844-9343  
pezzutolaw@gmail.com

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Business Visas and Green Cards by Means of Employment

BUSINESS VISAS

Are you a US business owner who cannot find a qualified US citizen or person with a green card to fill your position? The two most common business visas used by US business owners and US Human Resources Departments are the H-1B and the H-2B.

What is the H-1B visa and how can it help me?

If a US employer is unable to fill a job that is a specialty occupation that requires a bachelors’ degree or higher the US employer may sponsor a foreign national who meets these requirements by means of an H-1B visa to fill that position.

How does the employee qualify for the H-1B visa?

The employer must prove that the future employee is qualified for the specialty occupation and the specific job offered by the employer. The employee must be able to show that his or her foreign university education and/or work experience is the equivalent of a U.S. degree. Workers in the United States who currently hold a valid nonimmigrant visa may apply in the United States of H-1B status. For example, if a worker is in lawful student status (an F-1 visa), he or she may seek a change from F-1 to H-1B. This change gives the person the ability to work in the United States for the sponsoring employer. Workers not in lawful status in the United States or those residing abroad must apply for an H-1B visa at a U.S. consulate; they may not apply for H-1B status in the United Sates.

 

What are the employer’s obligations?

The employer must maintain wage and hour records, as well as information concerning working conditions for all similarly situation employees. Upon request, these records must be provided to the Department of Labor’s Wage and Hour Division. If an employer does not document the wage, pay the required wage, or maintain the require records, the employer could be liable for substantial penalties, including back pay and fines of up to $35,000.00 per violation. The employer could even lose the right to apply for H-1B workers as well as all other immigrant and nonimmigrant petitioners for up to three years. Employers may be required to pay a fee for each H-1B application; check with your attorney to see if a fee is currently mandated. If the employer terminates the service of the employee prior to the expiration of the H-1B status, the employer is responsible for paying the employee’s return transportation to his or her last foreign residence.


What is the H-2B visa?

The H-2B visa allows an alien worker to enter the US to perform seasonal work or work that fills an employer’s temporary need. Examples are ski instructors, who would work only in the winter ski season or Carnival worker who would only in the summer. During the "off season" the H-2B worker would have to return to his native country.   




If you are interested in contacting me and finding out more information regarding H-1B visas, please contact us or call my office to set up an appointment to determine if I can be of service to you.
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