Navigating the H1B Sponsoring Process: Avoiding Scammers and Legitimate Options

The recent experience of a job candidate in the United States who received an unexpected email from an IT consultancy seeking a caution deposit to sponsor their H1B visa for 2015-16 raises red flags. This article aims to clarify the legitimate H1B sponsoring procedure, highlight the importance of verifying such offers, and advise job seekers on avoiding scams.

The Offer and Caution Deposit

A US-based IT consultancy recently reached out to a candidate, offering to sponsor their H1B visa for the 2015-16 fiscal year. The consultancy requested a caution deposit of $5,500. While this may seem reasonable at first glance, it is important to approach such offers with caution. The actual cost to register with the USCIS is only $10, providing a stark contrast with the unusual sum requested by the consultancy.

Legitimate H1B Sponsorship and Costs

Applicants should remember that genuine H1B sponsorship involves a detailed process. If a company is planning to sponsor an employee, they must first ensure they are fully registered with the USCIS. The employer is responsible for submitting the LCA (Labor Condition Application) on behalf of the employee at no extra cost to the employee. Once the employee is selected in the H1B lottery, the employer must file the H1B petition within a 90-day window. This process includes a filing fee of approximately $500, additional legal fees, and the $5,000 registration fee for the H1B lottery.

The applicant is only required to pay for the DS-160 form nonimmigrant visa application and any relevant visa processing fees at the U.S. consulate. Additionally, airfare to the U.S. is also necessary. Therefore, any third party requesting a caution deposit or any exorbitant fees is most likely a scam.

Red Flags to Watch Out For

Scammers often use complex domain registrations and anonymous contact details to avoid detection. In the case of the Opulent consultancy, the domain name was registered through a proxy, making it difficult to trace back to the actual person responsible. Such tactics are common among fraudulent practitioners. It is crucial to verify all communications and offers to ensure their legitimacy.

Furthermore, individuals claiming to represent a consultancy should always ask for clear references from previous clients. If the consultancy has no real-world examples or testimonials from other applicants, it may be a red flag. It is advisable to reach out to past clients and verify their experiences before proceeding.

Advice for Job Seekers

Always verify the authenticity of the consultancy. Ask for personal testimonials, case studies, or direct references from other employees who have utilized their services. Understand the official fees associated with the H1B process through the USCIS website. The official costs should be transparent when presented by any consultancy. Prioritize communication. Legitimate consultancies will prefer clear and direct communication through official channels, not via anonymous emails or overly complex contact methods. Proceed with extreme caution if any third party requests a caution deposit or any additional fees. These are likely attempts to defraud you.

Conclusion

While the H1B visa process can be complex, the key to successful sponsorship lies in thorough verification and adherence to official procedures. Scammers often prey on the anxiety of job seekers, using tactics such as misleading fees and pseudonymous communication. By staying informed about legitimate fees and procedures, job seekers can avoid falling victim to scammers and ensure a smoother application process.