Written by Crispin Aranda
Posted on April 7, 2016 | Updated April 12, 2016 |
Beware of job offers through the internet. Do not get caught in the web of scams. U.S. employers intending to recruit foreign workers must comply with U.S. labor and immigration laws. A simple "job offer" direct to the applicant is not enough.
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:
If you receive a job offer and want to verify its authenticity, you may email us at email@example.com and attach the “job offer” for our free review as part of our immigrant advocacy.
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