Requisito de Solicitação de Condição de Trabalho para Petição H-1B
Santos Lloyd Law Team • March 23, 2023
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O visto H-1B
permite que uma empresa dos EUA empregue temporariamente um cidadão estrangeiro nos EUA de forma não imigrante (isso significa visto de trabalho temporário) em uma ocupação especializada. Uma ocupação especializada requer aplicação teórica e prática de um corpo de conhecimento especializado e um diploma de bacharel ou equivalente na especialidade específica. O número máximo de anos que um cidadão estrangeiro pode possuir um visto H-1B é de seis (6) anos.
Para uma empresa dos EUA enviar uma petição H-1B, o empregador dos EUA deve preencher uma Aplicação de Condição de Trabalho (LCA). Antes que a empresa dos EUA possa enviar um LCA, a empresa dos EUA deve verificar seu número FEIN com o Departamento do Trabalho antes de registrar um LCA. Se a empresa dos EUA tiver verificado seu FEIN no passado, não será necessário verificar seu número FEIN novamente.
Após a empresa dos EUA verificar seu número FEIN, a empresa dos EUA deve enviar o Formulário de Condição de Trabalho (Formulário ETA-9035) ao Departamento do Trabalho eletronicamente por meio do sistema FLAG. No momento em que a empresa dos EUA está preenchendo seu LCA, ela deve atestar o cumprimento dos requisitos do programa de visto H-1B. É importante observar que os LCAs não podem ser enviados mais de 6 meses antes da data de início do emprego.
Ao registrar um LCA, a empresa dos EUA deve incluir:
- Duração do cargo (o tempo máximo é de 3 anos)
- Número de funcionários para o cargo
- Cargo e Código SOC
- A localização do cargo (deve incluir todos os locais de trabalho se estiver trabalhando em vários locais de trabalho)
- Confirme se a posição é período integral ou meio expediente
- Salário oferecido para o cargo (seja o salário vigente ou acima do valor do salário vigente)
- Informações da empresa nos EUA (incluindo endereço da empresa, número de telefone, endereço de e-mail e nome completo do signatário da empresa)
Depois que o LCA é arquivado no Departamento do Trabalho, ele deve ser certificado em 7 dias úteis. É importante que o empregador mantenha um arquivo de Arquivo de Acesso Público (PAF) preciso.
Por favor, agende uma consulta com um de nossos experientes advogados de imigração para discutir os requisitos e o processo do H-1B.
Este blog não se destina a ser um aconselhamento jurídico e nada aqui deve ser interpretado como estabelecimento de uma relação cliente-advogado. Por favor, agende uma consulta com um advogado de imigração, antes de agir baseado em qualquer informação lida neste blog.
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