H1B Dependent Employer: What Do You Need To Know?

Call: 1-202-787-1944 or Visit: www.VisaPro.com
THE H-1B
EMPLOYER:
WHAT DO YOU
NEED TO KNOW?
DEPENDENT

H-1B Dependent Employers are subject to
additional attestation and documentation while
filing for an H-1B.
Does this make it more difficult to petition
for qualified foreign workers?
FIND OUT.

H-1B DEPENDENT EMPLOYERS
A. Who are they?
B. When should employers determine their H-1B
dependency?
C. What are the additional attestations and
documentation they are subject to?
D. How do you determine if you are an H-1B
Dependent Employer?

A. H-1B DEPENDENT EMPLOYERS:
WHO ARE THEY?
• 25 full time employees of which 7 are H-1B
employees.
• 26 to 50 full time employees of which more than 12
are H-1B employees.
• More than 50 full time employees of which 15% or
more of the work force are comprised of H-1B
employees.?
An employer is determined to be H-1B dependent if
the employer has:

1. A Labor Condition Application (LCA)
2. A petition for a nonimmigrant worker
(Forms I-129 / I-129W)
3. A request for an extension of H-1B status
B. H-1B DEPENDENT EMPLOYERS:
WHENTO CHECK DEPENDENCY?
Employers have to determine their H-1B dependency
when filing:

• Advertise the job vacancy in U.S. before petitioning
for H-1B workers.
• Take good faith steps to recruit U.S. workers and
document the recruitment steps.
• Offer the higher of the prevailing wage or the
employer’s actual wage.
C. H-1B DEPENDENT EMPLOYERS:
ADDITIONAL ATTESTATION
Unlike regular H-1B employers, an H-1B Dependent
Employer must:

• Receive wages (including cash bonuses and similar
compensation) of at least $60,000 per year, or
• Have a master's degree or higher, or the equivalent
in a specialty related to the intended employment
C. H-1B DEPENDENT EMPLOYERS:
EXEMPTIONS FROM ATTESTATION
H-1B foreign workers are ‘exempt’ from attestations if
they:

• Compare the total number of all H-1B workers with
the number of the total workforce (including H-1B workers)
• If a small employer's snap-shot computation shows
that the employer is dependent, or if a large
employer's calculation exceeds 15% of its workforce:
the employer must then fully calculate its
dependency status.
D. H-1B DEPENDENT EMPLOYERS:
HOW TO DETERMINE - SNAP-SHOT TEST
If an employer’s dependency is not readily visible or is
borderline on dependency, he may use snap-shot test.

• The total number of H-1B workers (including the full-
time and part-time workers)
• The total workforce of the employer in the United
States (including both U.S. workers and H-1B
workers), and
• Assess according to full-time equivalent employees
D. H-1B DEPENDENT EMPLOYERS:
HOW TO DETERMINE - FULL CALCULATION
The full calculation must take into consideration:

FountainHead LLC is an IT consulting company
based in San Francisco, CA.
They currently have 127 consultants and
6 administrative staff. Of the consultants
20 are on H-1B visas.
Is FountainHead LLC an H-1B dependent
employer?
Case Scenario

Using the snapshot method as a starting
point we find that with 133 employees, they
can have no more than 19.95 H-1Bs.
Since they have 20 H-1B employees they are
over the threshold and have to make
complete calculations based on FTEs (full
time employees) and taking into account any
“exempt” H-1B employees.
Case Scenario

Just over half of the H-1B consultants (12)
make over $60,000 per year.
When they are taken out of the equation
FountainHead LLC is not H-1B dependent
and does not have to take the additional
steps required of dependent employers.
Case Scenario

How can you be certain
that you are not H-1B Dependent?

About VisaPro
VisaPro was established in October 2002 with a dream to
provide exceptional U.S. immigration legal services at
reasonable costs to companies and individuals around the
globe and today we are proud to say that we have succeeded.
VisaPro offers services in the following areas:
 Investor and Entrepreneur Advisory Services
 Work Visas: E-3, H-1B, H-2B, H-3, L-1, O, P-1, P-3, TN
 Investor Visas: E-1, E-2, EB-5
 Green Cards
 Employer Immigration Compliance

Washington, DC
1050 17th Street NW
Suite 1000
Washington, DC 20036
New York
520 White Plains Road
Suite 500
Tarrytown, NY 10591
1100 S Hope St.
Suite 103
Los Angeles, CA 90015
Los Angeles
Contact Us
“I have had the pleasure of working with the staff at VisaPro. Their knowledge, professionalism
and overall pleasantness made my job much easier. They assisted me every step of the way in
applying for an H1B Visa, I could not imagine getting through this process without them. I would
highly recommend VisaPro to anyone applying for a Visa. I would most definitely use VisaPro
again”
Beverly Brawer,
United States Luggage Company LLC

H1B Dependent Employer: What Do You Need To Know?

Recommended

Recommended

More Related Content

More from VisaPro Immigration Services LLC

More from VisaPro Immigration Services LLC (20)

Recently uploaded

Recently uploaded (20)

H1B Dependent Employer: What Do You Need To Know?