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work visa - big firm or medium firm

c.k.

I have to make a job decision between two offers, one from a large, corporate firm, another from a medium sized firm. I informed both of my alien status and they both agreed to sponsor me for the H1B visa.

all things equal, my major concern is that the medium size firm doesn't have much experience with it and I would have to spend time and money on a lawyer to help me with it.

the corporate firm knows more about it, has done it before, etc..

how hard is it to get this visa for a medium size firm?
anybody had to hire someone in this situation before? I'd like to have an employers perspective but any stories would be appreciated.

 
Jul 21, 06 6:01 pm
Aluminate

Our firm has TRIED to hire people who would need visas. The problem that has generally prevented it is the prevailing wage issue. If the firm has no experience with this process then it may or may not work out - often firms don't realize the difficulties with the wage issue, especially if you are someone with less than 10 years or so of experience. The way that the prevaling wage is currenlty calculated, and the limited number of sources of salary data that the INS currently accepts as valid - often result in a salary requirement that would be much higher than what smaller firms would typically offer a citizen.

So I guess if getting the visa is your primary issue I'd definately say go with the firm that has experience with this. But if you have a clear preference for the work or atmosphere of the medium firm AND you are ok with the possibility that the visa may not work out, then it could make sense to wait it out with the medium firm and see what happens.

Jul 21, 06 10:59 pm  · 
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vi_d

ckl, i thought you wanted to go to graduate school first…

i am on h1b visa. several thoughts:

big firm or medium firm – the one that looks more attractive and seems to offer more opportunities to learn and grow. if you ever decide to apply for a green card with them you will find yourself tied to one place for several years without being able to change a job. it is better to be at a place where you feel comfortable.

experience with filing for h1b + expenses – it is really not that difficult. no matter what firm you pick, they would probably have a lawyer do it for them. the only difference seems to be that a big firm already has a contact with a lawyer and would cover all legal fees and a medium firm would have you find a lawyer yourself and pay him. for me, personally, quality of the firm and a type of work they do would be more important. there are many good immigration lawyers and they do not have to be located in your city. all communication and filing can be perfectly handled by e-mail/phone/mail. many people do it that way…

things to consider – there is a cap on a number of h1 visas that can be issued every year and it gets reached very fast long before a fiscal year is over. the cap for this fiscal year has already been reached. there is an additional quota for people with graduate degrees from american schools but, as far as i understand, you do not fall into that category. make sure that your firm/lawyer files early.

Jul 22, 06 4:08 pm  · 
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c.k.

thanks

vi_d, I already went to grad school (that thread got revived but the question was 2 yrs old) so I'll try to apply this year for the additional quota. one more day of thinking....

Jul 22, 06 10:44 pm  · 
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sameolddoctor

ckl, most of what vi_d says is true, but as Aluminate points out, please make sure the 'prevailing wage' is lower than the pay you will get.
I know for a fact that the prevailing wage is $21.78 per hour for 'Architect level 1'

check this link for a wealth of info...
http://ows.doleta.gov/foreign/h-1b.asp

Jul 23, 06 12:34 am  · 
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c.k.

sameolddoctor, thank for the link, that's very useful advice

Jul 23, 06 1:10 am  · 
 · 
ret

i would go for a lawyer anyways. its peace of mind, and you can be sure everythings done right.
the 1000$ it will cost you might well be worth it.

Jul 23, 06 1:42 am  · 
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Aluminate

The prevailing wage is specific to the region/city - and there are also a number of acceptable ways to establish an "alternative" prevailing wage. It's not a clear cut, standard, one-size-fits-all number for everyone everywhere in the US. An experienced immigration lawyer can help with providing valid sources of datat that the INS will accept to establish that the actual prevailing wage in a particular city is lower than what their own charts show.
However: there is still often a problem with more entry-level people (someone unlicensed in particular) in that the lowest prevailing wage number that the lawyer can come up with is still higher than what unlicensed, intern-level people really make in most smaller firms.

Jul 23, 06 2:18 pm  · 
 · 
Aluminate

Here's some info from the federal site:

The prevailing wage rate is defined as the average wage paid to similarly employed workers in the requested occupation in the area of intended employment. This wage rate is usually obtained by contacting the State Workforce Agency (SWA) having jurisdiction over the geographic are of intended employment or from other legitimate sources of information, such as the Online Wage Library.

Question: How do employers get a prevailing wage if filing an H-1B, H-1B1, or E-3 Labor Condition Application?

Answer: The Immigration and Nationality Act provides that, unlike the other labor certification programs, the employer has the option of using one of three sources: (1) requesting a prevailing wage determination from the appropriate SWA; (2) using a survey conducted by an independent authoritative source; or (3) using another legitimate source of information.


Jul 23, 06 2:33 pm  · 
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c.k.

thanks, aluminate

probably salary.com is not a legitimate source
I hope benefits and health insurance are considered part of this prevailing salary

Jul 23, 06 3:17 pm  · 
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sameolddoctor

ckl, before you take up any of the offers it would be wise to contact a friend's immigration attorney whom you can talk with about this process. Make sure you tell the attorney that you WILL use them for your visa later. That way you will be informed beforehand.

another very good website is
www.murthy.com
they are private immigration attorneys, but their website and forums are very comprehensive and up-to-date!

good luck.

Jul 23, 06 7:06 pm  · 
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Aluminate

salary.com is not considered by INS to be a legitimate source. Neither is the AIA's salary survey. Health insurance and most other types of benefits can't be considered as part of salary.

Jul 23, 06 8:42 pm  · 
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c.k.

thanks a lot guys

Jul 24, 06 12:42 am  · 
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arquiVIII

Ckl I think that you win a lottery, because to find a job in the USA and to find a sponsor at the same time, should be the most difficult thing for an architect on the earth.
Please tell us how you could do it?

Aug 9, 06 10:12 am  · 
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