For entrepreneurs, startups and small businesses with limited resources the staffing challenge can be the most significant hurdle. While there may be plenty of specialized expertise in the U.S., the right people may not be available, either because they are otherwise employed or are unwilling to relocate. In these instances, smaller companies may need to look beyond the United States to find specially qualified and educated individuals that can help execute the plan.
The H-1B visa is an employment based, temporary (non-immigrant) visa for specialty occupation that requires theoretical and practical application of a body of specialized knowledge along with a bachelor's degree or its equivalent. The employer must be able to justify the exclusive need for this foreign worker/visa holder and prove that the task cannot be accomplished by a local citizen who may either be unavailable or not qualified, either academically or professionally.
The Immigration and Nationality Act of 1965 marked a radical break from U.S. immigration policies of the past, opening doors to immigrants from all parts of the world.
The Immigration and Naturalization Act of 1965 eliminated the national origins quota systems established by earlier legislation. The act opened the doors of immigration worldwide mandating that "no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of his race, sex, nationality, place of birth, or place of residence."
This philosophy of equal opportunity has continued to recent times where admitting foreign workers with valuable skills to the U.S. economy has become one of the key principles guiding the U.S. immigration law. Current U.S. immigration law provides several paths for foreign workers to enter the U.S. for employment purposes on a temporary or permanent basis.
Foreign immigrant workers fill a critical need in the U.S. labor market. The current labor shortages over again proves this. Changing demographics as the Baby Boomer generation of workers retire, dwindling birth rates and declines in labor force participation amongst millennials, along with a post-pandemic soaring demand for workers has spewed about a dire labor shortage.
The dynamic and powerful economy of the U.S. has been built with the contributions of skilled foreign-born immigrants workers. Their work positively impacts the economy and helps to create opportunities for expansion and growth. The skills that a foreign immigrant worker brings expands job opportunities for all in a growing knowledge-based innovation economy. Studies estimate an increase in foreign workers of the science, technology, engineering, and math field would add 1.3 million new jobs and $158 billion to gross domestic product in the U.S. by 2045. Additionally, according to the National Bureau of Economic research, a rise in the growth of foreign workers by one percent of total employment increases growth in the wages of native born workers by a statistically significant 7-8 percent.
H1B petition Process:
The first step to petitioning for a H1-B visa is creating an online account with the United States Citizenship and Immigration Services (USCIS). The account should provide access to an online registration system for the annual H1-B lottery - as congress limits the number of H1-B visas granted with a cap of 65,000 per year, an annual lottery or random selection process is used to select from the large pool of applicants.
Employers must submit a Labor Condition Application (Form ETA-9035/ 9035E) to the Department of Labor electronically through the Department of Labor’s Foreign Labor Application Gateway (FLAG) system, attesting to compliance with the requirements of the H-1B, H-1B1 or E-3 program. Once approved, you can finally fill out and submit a complete I-129 Petition for a Nonimmigrant Worker and the supplemental forms along with the required fees. The application should also include the certified Department of Labor approval of the LCA.
After the LCA process, the process becomes challenging for smaller or start-up companies as USCIS takes measures to ensure that the employing company has the financial stability to maintain the employee during the period of employment. The prospective employer are required to provide proof through evidences such as cash flow, current contracts, balance sheets, income statements, tax returns and physical address of business.
A physical business address makes impressions of a more permanent and reliable business insinuating the capability of maintaining the employee. In an increasingly virtual world of online businesses - a virtual office can be a cost effective means to a physical business address without the burdening costs of real estate or the commitment of a binding leasing contract.
ZED is devoted to providing an optimized workspace to cater to meet any business needs - A workspace which you fill with inspiration and passion. We offer virtual office memberships to provide virtual or home-based businesses with a cost-effective means to a physical address of business in Silicon Valley to establish acumen, professionalism and presence.