The H–1B is a visa in the U.S. under the Immigration and Nationality Act which allows U.S. companies to employ foreign workers with highly demanded specialties. H–1B work-authorization is based on sponsorship that means it is strictly limited to employment by the sponsoring employer.[/vc_column_text][vc_message message_box_color=”blue” icon_fontawesome=”fa fa-volume-up”]A Little Known H-1B Regulation[/vc_message][vc_column_text]”In general, H-1B workers may work for more than one employer but must have approved I-129 for each,” according to USCIS.
(Note: The US Citizenship and Immigration Services (USCIS) is the U.S. government unit which has the authority to issue H-1B visas.)
The I-129 Form
Form I-129, Petition for a Nonimmigrant Worker, is a form used by employers or prospective employers to obtain (or amend the personal info of) a worker on a nonimmigrant visa status.[/vc_column_text][vc_message message_box_color=”blue” icon_fontawesome=”fa fa-check-circle”]Who May File Form I-129?[/vc_message][vc_column_text](The following content is an excerpt from a USCIS’s pdf file.)
General. A U.S. employer may file this form and applicable supplements to classify an alien in any nonimmigrant classification listed in Part 1. or Part 2. of these instructions. A foreign employer, U.S. agent, or association of U.S. agricultural employers may file for certain classifications as indicated in the specific instructions.
Agents. A U.S. individual or company in business as an agent may file a petition for workers who are traditionally self-employed or workers who use agents to arrange short-term employment on their behalf with numerous employers, and in cases where a foreign employer authorizes the agent to act on its behalf. A petition filed by an agent must include a complete itinerary of services or engagements, including dates, names, and addresses of the actual employers, and the locations where the services will be performed. A petition filed by a U.S. agent must guarantee the wages and other terms and conditions of employment by contractual agreement with the beneficiary or beneficiaries of the petition. The agent/ employer must also provide an itinerary of definite employment and information on any other services planned for the period of time requested.
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