Hiring H-1B Employee?

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Thomas Howard

Thomas Howard

Litigation Attorney

A Rising Star and Emerging Lawyer, which only 2% of all attorneys receive.  Mr. Howard is also a member of the American Immigration Lawyers Association.

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Each day, I answer one free question regarding immigration issues.

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Each day, I answer one free question regarding immigration issues.

Ask yours today.

Immigration lawyer, Tom Howard, provides his top 5 things employers need to do when hiring their first H-1B Employee.

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General Video Takeaways

H-1B Immigration Video Summary

1. Countdown for the 2019 H-1B visa lottery is currently underway and may firms use the same flex pricing the Uber does at the deadlines approach, so to save money on your first H-1B employee – please consider hiring an attorney in the fall to prepare your application so it is easily and correctly entered into the lottery.  The more you know!

2. For your first h-1b employee, your company needs to Register its FEIN with the Department of Labor otherwise your company will run into a problem with the filing your prevailing wage.

3. Make sure that your company’s lease is registered under the company’s name. Many startups that want to hire their first H-1B employee are quite early in their life and they may want to have a “virtual office.” Be advised that the USCIS does not really like these virtual offices and want brick & mortar for the business to show how established it is.

4. Stack up your contracts for work – Hiring your company’s first H-1B employee means that your company needs three years of work for them to do.  The H-1B employees are often in the tech industry that has contracts for cloud computing, other consulting or design and custom software builds.  These projects may require ongoing maintenance, but their time and work load must be documented and demonstrated to USCIS to prove that your H-1B Employee will have enough work to keep him or her busy for the three year term.

5. Bachelor’s Degree – at least! The H-1B employee must fit into the statutory framework that establishes their qualifitcation for the position.  Basically, start with a bachelor’s degree (hopefully while earned on an F1 status). Then, make sure the major is in one of the pre-defined “specialty occupations” – meaning STEM or science, finance, professional degrees and the likes.

6. Find a Good Attorney – this is your company’s first time hiring an h-1b employee – do you think you should wing it?  No, if you want to to attempt the forms first, have an attorney at least review them.  If you want no hassle and the best chance to win the lottery, consult an experience business immigration attorney.

8. If you have questions on a work visa immigration issue, contact our office today for help resolving it with Thomas Howard

H1B Immigration Video Script

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Welcome & Hook

I’m Tom Howard immigration lawyer and founder of workVisas.Solutions – If your business is thinking of hiring it’s 1st H-1B employee this video is for you & call me with any questions.


Last year a business owner friend of mine – asked me what to do when hiring his first H-1B so after helping him, I wanted to give you the same top 5 things your business has to do when hiring its first H-1b.


Content (5-7 mins)

  1.     Register your FEIN with Department of Labor. Your company must get their FEIN registered with department of labor in order to file for the prevailing wage. Department of labor will not allow you to file the prevailing wage, if your company’s FEIN is not registered with them. To do so you will need to submit a copy of your company’s official documentation from IRS which shows the FEIN number. Some examples are confirmation of FEIN number, confirmation of address, notification to file new  taxes. You could also submit a copy of the federal income tax returns filed with IRS.


  1.     Make sure that the company’s lease office is registered on the company’s name: Make sure that your company’s office is registered by the company’s name to show that the company has a viable place of business.  USCIS does not look kindly on those virtual offices, they only want real brick & mortar locations.


  1.     Save the project plan, marketing materials proposals and  purchase orders for in house projects: In order to show the ongoing business and need to hire H1B workers, make sure that the company has copies of project plan, marketing material and purchase orders for the inhouse projects. The whole time for the h1b is 3 years, so the company needs to be able to show it has enough work to keep the employee busy the whole time.


  1.     The prospective beneficiary has at least a Bachelor’s degree or foreign equivalent: Make sure that the beneficiary has at least a bachelor’s degree. If not, then please ensure that you obtain the academic credential evaluation on time. During the H1B season, all credential evaluation agencies  tend to be very busy and credential evaluation will take few days. It also increases the cost of the H-1B because of the professional eval, plus you risk USCIS rejecting the application due to excessive scrutiny of the Trump administration.


  1.     Find a good attorney: If you are filing the H1B for the first time then you and your employees may have lot of questions. Make sure that you find an attorney who could answer your all questions and offer a creative solution.


Our attorneys have done hundreds of H-1B applications, extensions, amendments and transfers.  And if you give us a call with your questions, believe me, you’ll just wish that you had found us earlier.  So give us a shot.



Thanks so much, if your company is thinking of hiring its first H-1B employee, we congratulate you and we are here to help.


Until next time, we’ll keep working because immigrants make America great

Countdown to H-1B Lottery in 2019