10 TIPS TO DETERMINE IF U.S. JOB OFFER IS GENUINE

Beware of job offers through the web.

U.S. employers to recruit foreign workers to work in the U.S. must comply with Labor and Immigration laws.  A “simple job offer with official sounding words” is not enough.

A U.S. Employer cannot just offer a job without complying with requirements set by the U.S. Department of Labor. Then the employer must file and complete the proper official forms to sponsor the foreign worker to commence employment in the United States.

Be advised that the H-1B work visas for jobs for specialty occupations (requiring a bachelor’s degree) may be filed only on April 1 of each year. There is a 65,000 quota worldwide (not just for Filipinos) and selection is by lottery. 

The 65,000 visa allocation is filled in 3 to 5 days. This is the official link for the 2017 H-1B Cap Season - https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-fiscal-year-fy-2017-cap-season

H-2B CAP. There is a 66,000 cap for the H-2B temporary Non-agricultural workers. The USCIS site explains:

“There is a statutory numerical limit, or "cap," on the total number of foreign nationals who may be issued an H-2B visa or otherwise granted H-2B status during a fiscal year. Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (October 1 - March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be available for employers seeking to hire H-2B workers during the second half of the fiscal year. However, unused H-2B numbers from one fiscal year do not carry over into the next.

Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt from the H-2B cap.”

PROCEDURES EMPLOYER MUST COMPLY

The employer must have:

  1. Articles of Incorporation with the Secretary of State where the business is located.   The official site for the Secretary of State of California for example where you can check the business status is this link - http://www.sos.ca.gov/business-programs/business-entities/cbs-search-tips/
  2. Business permit by the County where the business is in operation and located
  3. Federal Employer Identification Number issued by the Internal Revenue Service
  4. Obtained a prevailing wage request from the U.S. Employment and Training Administration, U.S. Department of Labor (ETA-DOL).  This is the official website for employers seeking to recruit foreign workers - https://www.foreignlaborcert.doleta.gov/
  5. Secured a Temporary Certification issued by the ETA-DOL if the petition is for a skilled worker where the job does not require a bachelor’s degree (for H-2B work visas).  Check out the official procedures from the ETA website regarding Temporary Non-agricultural workers here- https://www.foreignlaborcert.doleta.gov/2015_H-2B_IFR.cfm
  6. Filed a Labor Condition Application with ETA DOL (Office of Foreign Labor Certification) if the petition is for a job that requires a bachelor’s degree (for H-1B work visas)
  7. Authentication of the above documents by the appropriate Philippine Overseas Labor Officer (POLO) assigned with the specific Philippine Consulate with jurisdiction over the employer’s place of business.  Click this link for POLO info - http://www.dole.gov.ph/pages/view/24
  8. Filed and obtained Approval  of an I-129 Petition for a Nonimmigrant Worker from the U.S Citizenship and Immigration Services. This is the link to official info on how to file the I-129 Petition – https://www.uscis.gov/i-129
  9. Check out the issuing USCIS Service Center.  There are four service centers, one each in California, Nebraska,Texas  and Vermont. https://egov.uscis.gov/cris/processTimesDisplayInit.do
  10. Paid the fees for the I-129 petition (currently $325 basic fee) as well as the Premium Processing fees if the employer wants to have processing decision within 15 – 30 days.

If you receive a job offer and want to verify its authenticity, you may email us at crispinaranda@gmail.com and attach the “job offer” for our free review as part of our immigrant advocacy.

Confused about the best career pathway for you?

Allow us to help you plan your career overseas.

About the Author

Crispin Aranda

Crispin Aranda

Crispin R. Aranda is an established International Visa Conselor and Immigrant Advocate. He is the president of IVC and is in several migration radio programs.


IVC and IVC staff are proud members or affiliates of

ICCRC logoIBP logoICEF logoPIER logo
MARA logoCANCHAM logoANZCHAM logoBritish Council logo
a