Can a Part-Time Job Be My H1B Sponsor?

For those in the process of applying for an H1B visa, a common question arises: can a part-time job serve as a sponsor for an H1B visa? Given that you have already passed the H1B quota a couple of years ago but left a previous job, this article aims to clarify the eligibility criteria, necessary conditions, and the required steps. Additionally, it will explore the salary requirements and other important details to consider.

Yes, a part-time job can potentially sponsor you for an H1B visa, but specific conditions must be met. Here’s a detailed guide to help you understand the requirements and next steps.

H-1B Sponsorship Requirements

Job Offer

The part-time job must fulfill the requirement of a qualifying position that requires a specialty occupation. This typically means the position must require at least a bachelor's degree in a specific field. While the position is part-time, it must qualify as a specialty occupation in the full-time equivalent (FTE) threshold.

Employers' Ability to Sponsor

The employer must be willing and able to file an H1B petition on your behalf. This means the employer should have the necessary resources and willingness to comply with all the legal and procedural requirements.

Salary Requirements

The employer must ensure that you are paid at least the prevailing wage for the position in the geographic area where you will be working. The prevailing wage is determined by the U.S. Department of Labor (DOL) and varies based on the job title, location, and level of experience required. For part-time positions, the employer must still meet the minimum salary requirements set by the DOL.

Full-Time Equivalent

While it is a part-time position, the employer must demonstrate that the salary meets the full-time equivalent (FTE) threshold for the specialty occupation. For instance, if the prevailing wage for a full-time position is $80,000 per year, the part-time salary must be proportionate based on the hours you will work.

Next Steps

Check Prevailing Wage

Your potential employer can use the DOL's Online Wage Library to find the prevailing wage for your specific job title and location. This will help in determining the minimum salary required for sponsorship.

Consult an Immigration Attorney

Given the complexities of H1B sponsorship, it is highly advisable to consult with an immigration attorney. They can provide guidance tailored to your specific circumstances, ensuring compliance with all legal requirements.

For more specific details or further assistance, feel free to inquire. Proper planning and legal guidance can significantly increase your chances of successful sponsorship.

Important Considerations for Previously Quota-Filled H1B Holders

Even if you have already passed the H1B quota a couple of years ago, you may be eligible for an H1B visa again. You can work for a part-time employer, whether on-site or remotely, to reapply for an H1B visa.

If you lost your H1B quota and were not employed by a new sponsoring H1B employer, you must reapply for the H1B lottery and get your visa. Reapplying involves going through the entire application process, including finding a USCIS-approved sponsor.

Employers must officially register with the U.S. Citizenship and Immigration Services (USCIS) during the registration period, which typically runs from March 9th to March 25th. After the registration period closes, the lottery will take place.

If you left your previous job, you have about 60 days to find a USCIS-approved sponsor. If you work for an employer who is not a registered sponsor, you risk being on the next plane home and possibly facing a ban on future entry to the USA. If you cannot find an approved sponsor within this period, you must return to your home country.

These steps and details provide a comprehensive guide on how to approach H1B sponsorship for part-time jobs. Proper planning and legal guidance are crucial to ensure a smooth process and compliance with immigration laws.