Who can file H-1B petition for a foreign worker?
H-1B status requires a sponsoring U.S. employer. The employer must file a labor condition application (LCA) with the Department of Labor attesting to several items, including payment of prevailing wages for the position, and the working conditions offered. The employer must then file a petition with the Bureau of Citizenship and Immigration Services (USCIS). A H-1B petition must be filed by a U.S. employer. The U.S. branch or subsidiary of a foreign company is considered as a U.S. employer for H-1B purposes, if its U.S. entity meets the following requirements: 1) it engages a person to work within the U.S.; 2) it has the authority to hire, pay, fire, and supervise employees; and 3) it has an IRS Tax ID Number, also known as Employer ID Number (EIN). Q: What is the definition of United States Employer, to hire H-1B workers? A: The employer is the official petitioner of the H-1B, and must be a “United States Employer” or its agent. The definition of a U.S. employer is a “person, firm, co
