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H1B Visa - Frequently Asked Questions


What factors determine the prevailing wage for an H-1B beneficiary?

Relevant factors in determining prevailing wage include:

  • Job title
  • Educational and work experience requirements
  • Job duties
  • Job location
  • Labor contract terms

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What is the checklist for employers of H-1B applicants?

There are two new 'displacement' attestations that apply to H-1B dependent employers:

  • Copy of employment agreement, if any
  • Salary of the foreign worker
  • Full corporate name and address
  • Address where the foreign professional will be working
  • Name, title, phone number, fax number, e-mail address of company contact who will sign the petition
  • H1B visa employer's federal I.D. tax number
  • Gross and net annual income for the employer for the most recent year for which such figures are available
  • Current number of employees
  • Year the company was established
  • Company brochure or other relevant company literature, if available
  • Number of H-1B workers on staff
  • Title and a detailed description of the position, including responsibilities and duties
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