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H-1B: What Does My Employer Have to Do?
Most people who are applying for H-1B work visas often ask about what their employer has to do to make the employment process go smoothly. This article will briefly discuss what your employer can expect to ensure the H-1B process is filed and reviewed without delay.Overview of H-1B ProcessFirst, let’s start with a primer of the H-1B process. Understanding how the process works will eventually help to understand why H-1B works the way it does.The H-1B visa is essentially broken into two steps, involving two government agencies: the Department of Labor (DOL) and the US Citizenship and Immigration Services (USCIS). Now, this two-tier system applies to most H-1B visas and is not always the case, but it is for most people. Step one involves filing a Labor Condition Application (LCA) with the DOL. After the LCA is approved, a separate application is filed with USCIS to allow and document the applicant’s employment and residency within the US.More About the LCAThe LCA serves a couple different purposes. First, it provides the DOL with information about the job offer and its qualifications. Certain EB categories, such as EB-2 and EB-3, require the job position to have a minimum education level or experience level to ably perform the job duties. The LCA determines if that job offer is legitimate with respect to the applicable EB category.Secondly, the LCA is used to determine if the employer pays the employee the “prevailing wage.” Basically, the DOL wants to ensure that employers are not underpaying temporary workers as a cost saving measure.There are some nuances for employers who are considered “dependent employers.” Dependent employers are those whose workforce consists of 15% or more H-1B employees.Employer’s RoleNow that we covered the H-1B process, we can cover what the employer’s role in both of the DOL and USCIS fronts. First, with respect to the DOL, the H-1B applicant (or the attorney representing the applicant) must cooperate with the employer to accurately report the information above to the DOL. Additionally, the LAC must be signed by the employer or an agent of the employer. The employer’s attorney does not qualify unless he/she is an employee of the employer. Without the LCA, there is no H-1B visa.Furthermore, on the immigration front, the employer also has an added role if the H-1B applicant is seeking a green card based on the H-1B visa status. The green card possibilities of an H-1B holder have been discussed in a previous article if you are looking for further information on that subject.
Home Buying 101
Whether you’re buying your first home or your 21st home, it’s never easy to find exactly the right house. Finding your dream house requires patience and persistence.Let’s be honest. Buying a house is an emotional decision, as well as a rational, financial one. Take my friend Trina, for example. Trina was house hunting one day in the early spring when her broker showed a house with daffodils blooming by the front door. Trina instantly fell in love with the house, despite the fact that it had 2 bathrooms instead of 3, and a den but only 3 bedrooms. It also had a formal dining room, not the great room that Trina really wanted. But, it had daffodils blooming by the front walk. Trina and her husband bought the house, and started expensive renovations. Five years later, they have the house they’ve always dreamed of, but at a price.”Looking back, it would have been a lot cheaper for me to find a house with all the features that we needed, and plant daffodils!” Trina says.It’s important to know exactly what you are looking for, when you buy a house. If Trina had made a list of her wants and needs before she started house hunting, she could have saved herself years of noisy, messy renovations.Before you open the real estate section of a newspaper, or contact a real estate agent, sit down with a pencil and paper and make a list of your wants and needs. If you are buying the house with someone else, have them make their own separate list. Then, compare the two.The first question you need to ask is, “What do I need in a house?” For Trina, the answer was 4 bedrooms and 3 baths in her children’s current school district. With the birth of her third son, the family had simply outgrown their current home.Your list of needs might be totally different. Maybe you need a house on one level, so that you won’t have to climb stairs. Maybe you need a big, sunny kitchen, a spacious family room, or a yard large enough for soccer. Maybe you need an area with no restrictions on having a home-based business.Next, ask yourself “What do I want in a house?” Maybe you’d love a great view, open, sunny rooms, cathedral ceilings, a fireplace, a walk-in closet or solar heating.Finally, ask yourself “What do I hate?” Make a list of the features that you will not accept in your new home. For Trina, Tudor-style architecture is high on that list. “Our old house was Tudor style. It was so dark, and the rooms were so ugly, that I soon hated it!”Now, compare your list with your partner’s. Are there items that both of you want or need? That’s a good start. Are some of your “hates” on your partner’s “wants” list? If so, you’ll need to discuss it and compromise.Finally, create a master list with all the needs, wants and hates for the two of you as a couple. This is your home buying guide.