Why Foreign Workers Must Establish An Employer Relationship For H-1B Visa Purposes
As more and more foreign workers make their way onto American soil, the importance of the H-1B visa becomes more evident. These visas are especially useful, since they allow workers to maintain a primary residence in their home country, while continuing to live and work in the United States.
However, these visas come with a cap of $65,000 per fiscal year, which makes them very difficult to secure, as competition is very fierce. An application for one of these visas is more susceptible to failure when the applicant is unable to prove their connection to the employer who is offering them the job.
So how can this connection be proved to increase the chances of the visa being approved? A mere presence on the company payroll will not be enough to do so, so let’s take a closer look at the rest of the requirements.
When it comes to the United States Citizenship and Immigration Services, the most important standard is the right to control. The right to control refers to the employer’s level of influence when it comes to the employer’s ability to perform the assigned tasks.
There is no singular element that is considered, as the United States Citizenship and Immigration Services will include the benefits provided, the right to fire and hire, the instruments and tools that are given to the employee to carry out their duties, the frequency of employee evaluations, links between the end product and the worker and the company’s level of influence on the employee’s schedule in their decision making process
Independent contractors and workers who receive employment through third party agencies cannot be considered, as well as workers who use their own computer to complete tasks. These workers are highly unlikely to receive an H-1B visa, because they cannot prove that their employer has a sufficient level of control.
Workers who work off site are still able to apply, as they can provide proof that they are checking in with a reliable system each day and reporting their progress to their employer. There is also necessary documentation that will have to be presented.
A detailed job description can be provided by the employer, in addition to a signed employment agreement. Including a letter that provides proof of an employment offer and written performance reviews are also helpful. Providing identification for the worker’s supervisor is crucial, as well.
Obtaining a visa of this nature is a major challenge and legal assistance is typically necessary. Be sure to contact a skilled and experienced attorney who can outline each and every step of the process for you. Take the time to set up a consultation with Jaime Alvarado & Associates, so that you can ask any and all questions that you may have.