US employers seeking to hire nonimmigrant aliens as employees in specialty occupations often use H1B visas. A specialty occupation is a type of occupation that requires the application of a body of highly specialized knowledge. It requires that an employee possess at least a US bachelor’s degree or its equivalent in such specialty. Having a projected organizational chart showing the process can further strengthen an H1B petition, increasing the chances of approval.
Below are some frequently asked questions concerning H1B visa petitions, including how to create an organization or agency chart based on subject, form, and location. You’ll also learn what impact having a solid business plan can have on your H-1B petition.
How Can You Create An Organizational Chart for H-1B Visa Petitions at the United States Citizenship and Immigration Services Using MS Word?
One of many challenges faced by those who qualify to complete and create an organizational chart for their institution or business website is that they don’t always find the best template or example for their services. While you will always find a website with the notice or data that aligns with that of your business services, it is essential that you find the best for H-1B visa petitions.
Open your document, spreadsheet, or email message and click the insert tab on the form. Navigate to the illustrations group and click on SmartArt. Scroll over to the Choose a SmartArt Graphic gallery, click on Hierarch, and double-click on Picture Organizational Chart. If you want to add a picture, go to the box you want to insert the picture and click on the picture icon.
A window will appear; locate the folder where the picture is, click the picture file, and click Insert. To insert your text:
- Click in a SmartArt Graphic box and type in your text.
- Once you’ve added all the boxes you want, click Text in the Text pane and add your text.
- If you’re copying text from another program or location, click Text in the pane and paste the copied text.
Is a Business Plan for An H1-B Visa Necessary?
A solid business plan can go a long way in pleading your case and strengthening your petition as it details every data needed to form a good case and show that you are not in violation of any government policy. For instance, a good business plan will include a detailed staffing plan and a projected organizational chart.
The chart helps attorneys establish that the H1B worker will not perform non-qualifying duties – or non-specialty occupations. As such, it is best for an employee to hire the services of an immigration lawyer who understands the process of certified labor condition application based on the annual cap placed every fiscal year by the relevant government department.
A specialty occupation requires that an H1B applicant have at least a bachelor’s degree or its equivalent for that particular position. Submitting a thorough, well-thought-out business plan that demonstrates compliance with specific H1B requirements ups the chances of your petition getting approved. Alternatively, when there is anything that can adversely affect your application, it may be denied for absence of distinguished merit.
What Must An H1B Employer Do to Hire an H1B Worker?
An H1B employer is expected to submit a petition with supporting documentation to the USCIS after receiving the certified LCA from DOL. Such will be required to pay a USCIS filing fee for the petition and additional fees for special H1B petitions. The time it takes to obtain the H1B status varies according to the USCIS, DOL, and employer situations.
However, the total processing time at the Department of Labor after registration, including determining the prevailing wage, is six to seven months. This period also covers the LCA and USCIS processing stages, after the necessary fees for the program have been paid. The employers should have an organizational chart or documentation to prove the H-1B employee’s actual or prevailing labor wage.
To determine the validity of intended employment at a law firm or any of the fashion models, the actual wage will be considered. If it is a work with related nonprofit entities, a USCIS receipt notice will be required.
Can You Change Jobs After Obtaining Your H-1B Status?
Each H-1B approval is employer-specific; the H-1B status holder can only work for the employer that filed the petition. If you change jobs, your new employer has to file a new H-1B petition on your behalf stating the geographic area you will be walking and including any sensitive information.
You can work with an experienced immigration attorney if you intend to terminate your employment or your employment is about to be terminated under certain working conditions. The H1B status of a visa category is also position-specific, so if your employer changes your duties or other employment conditions, they’ll need to submit an amendment.
Do H1B Visas Impact Prevailing Wage for Intended Employment?
Contrary to popular opinions, H-1B workers don’t exactly affect the wages of nonimmigrant workers or labor condition application, according to overwhelming evidence. From the start, H-1B-driven increases in STEM workers were linked with a significant increase in college-educated, US-born workers’ wages. Between 2009 and 2011, the wage growth for US-born workers with at least a bachelor’s degree or master’s degree from a certified higher education was normal, but was significantly higher for H-1B petitions.
Moreover, marital status, gender, and ethnicity have more impact on wages in tech and finance industries than immigration status or citizenship. Study shows that H-1B workers complement US workers, expanding job opportunities for all by filling employment gaps in many STEM occupations.
Contact Richard Herman Legal Group Today!
Making an H-1B visa organizational chart can be a challenging process, especially when you have not mastered the ropes. Instead of waiting till you master the details before you get started, why not let Herman Legal Group help you? With over 26 years experience handling immigration matters, we have been rated as the best.
When applying for an H1B petition, you can submit your organizational business plan to the United States Citizenship and Immigration Services along with other documents. The plan has to be solid, thorough, and well-thought-out and should include important details like your organizational chart. A thorough business plan and organizational chart help your agency’s attorneys establish that you’re fit to be an H1B employer.