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How do I find a job with an employer willing to sponsor me as an H-1B? Are there "H-1B friendly" companies? Can Latour and Lleras, P.A. help me find such a company?
First of all, I'll tackle the last question: no. We are not an employment agency and are not licensed or authorized to find jobs for candidates. Secondly, if we did so, we'd probably be creating conflict of interest situations. But while our firm can't find you a job, we CAN give you some good advice: There ARE such things as "H-1B friendly" employers. These can be anything from a giant corporation which routinely is forced to hire foreign talent to a small company which has filed a successful H-1B in the past in the name of a really great employee and, with the experience demystified and a positive situation, is willing to do so again. As with all employment, SUPPLY and DEMAND is the key issue in your ability to find such an employer. For example, if you are a Computer Programmer with expertise in a hot new programming language, you'll have companies fighting over you. If you are a recent grad with degree in marketing, then you better be prepared to show prospective employers why you are worth the effort. In companies which hire H-1B's in volume, the attorneys fees for the H filing are usually paid for by the employer. While there is no prohibition that the employee pay the attorneys and filing fees, the new $500 "scholarship fee" (you've heard me rave about that before) MUST be paid by the employer. In smaller companies, WHO pays the attorneys fee is a matter of negotiation, again, based on supply and demand. If you are cutting your own deal because you are in high demand, the H processing is usually a part of it. If not, the employer may be willing to sign the papers but not pay. They MUST, ALWAYS, pay the scholarship fee. So how do you get a job? Well, let's divide you into three categories: H-1B PROFESSIONALS ALREADY HERE WISHING TO CHANGE EMPLOYERS: As you probably know, getting an H-1B transferred is usually less painful than that first H-1B approval. If you are in valid work status, recruit aggressively and fire out resumes. If competition for the job is tough, you may want to add in the cover letter that you will be responsible for handling all of the costs associated with the transfer of your work visa, and save the $500 fee explanation for later, in-person. F-1 STUDENTS PLANNING FOR GRADUATION: You will encounter MANY immigration attorneys who tell you that it's "safer" to get your H-1B as soon as possible and that practical training can be cut short. Don't buy it. Unless you are graduating with a highly coveted degree and you KNOW you are in great demand, the Post Completion Practical Training can be an INVALUABLE tool. Here's why: when you start a new job and the employer doesn't know you, they are right to be concerned about investing the time and the money in getting you an H-1B. By starting with them in practical training- which requires NOTHING on their part- and proven your worth to them- you set up a situation where the transfer to H status a year later is a piece of cake. I have had dozens of clients follow this advice successfully...six months into the practical training, I get a call from the client and after 5 mellow minutes explaining what we need to do in six months, the employer is happy and ready to commit to the H. Besides, if you DON'T use the year of practical training, you are wasting a year of H status! NOTE: there are some limited situations where it DOES make sense to cut practical training short in exchange for an H visa. As we have explained in the past, the practical training status is an extension of the F-1 visa, which requires continuing nonimmigrant intent. Conversely, the H-1B does NOT require proof of nonimmigrant intent. Consider the following situation: EXAMPLE: You graduate and start practical training. Your girlfriend, a lawful permanent resident, and you decide to get married. You do so and she files an immigrant petition on your behalf, but it will take a few years for the priority date to become current. If you remain in the practical training F-1 status and travel during that year after graduation, you risk getting stuck abroad! By filing your petition, you have demonstrated that you intend to immigrate. In doing so, you are deniable at entry as F-1 if you travel abroad...so if you ARE going to travel that first year, you'd better switch to H and get stamped while abroad with a new H-1B stamp in your passport. PROFESSIONALS ABROAD LOOKING TO WORK IN THE U.S. FOR THE FIRST TIME I imagine that we have many of these among our readers, as this question appears in e-mail all the time. Here's the best advice I can give you about finding an H-1B position in the U.S. - Rely almost exclusively on the Internet for your career search, especially if you are in a high-tech field.
- If you have any friends or family in the U.S., ask them to help you in your job search.
- NEVER, EVER pay a "finders fee" to a company purporting to place professionals. Except for megafirms like Arthur Anderson, I have YET to see a SINGLE such situation which did not result in an absolute theft of money. The REAL employers don't charge you because they need you if they are bothering to consider H visa applicants!
- Don't be shy about asking for company information, but don't be obnoxious. I can't begin to tell you how many calls I get from great employers expressing disbelief at the arrogance of some of the applicants, sitting overseas, "demanding" this and that. Without respect and common courtesy, forget it...American employers understand an egalitarian system, and you should treat whomever you are communicating with- from the lowliest clerk to the CEO - with the same modesty and respect with which YOU would like to be treated.
- Everybody and their brother is on the Internet. Before you go with the "exciting new upstart" (translation: we are new, enthusiastic, and have no history), spend HOURS researching them online. Dig deep for information and if it isn't there, most likely they are not there either...
- If they ask you for original documents- degrees, passports, etc.- tell them you understand that if you provide them with certified copies that will suffice. If they say that they must have originals, I can almost guarantee you that you are dealing with a disreputable company. It's a lie.
- If they tell you that "the case is pending", then they should have, within a couple of weeks of filing, a receipt from the INS. Adjudication may be slow, but the receipts are not.
So there you have it, folks. Best of luck in your job hunt! |