H1B Visa Advertising Requirements

I would like to apply for an H1B visa but I have some concerns. I heard that my employer has to advertise for my position to make sure no Americans want the job before he can sponsor me. Is that true?

No, advertising for the position is not a requirement for the H1B visa program. Advertising the position to see if there are any minimally qualified US workers who want the position is a requirement of the PERM/Labor Certification program which is the first step in some employment based green card applications. The idea of requiring employers to first offer job openings to US workers before foreign nationals is something that has been considered by Congress off and on over the years. Most recently, Senators Grassly and Durbin floated this idea back in April 2009.

Posted on August 13, 2012 at 10:25 pm by Immigration Lawyer Peter Messersmith · Permalink
In: H-1B Visa · Tagged with: 

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  1. Written by Chommy
    on June 15, 2013 at 5:51 pm
    Permalink

    I am foreign educated Registered Nurse. I have obtained nursing license for RN from Texas & Illinois State Board of Nursing. Due to my F1 visa status I am not able to get RN jobs in the USA. At present I stay in Texas looking for a job as RN. I also have a BSN. I come to know about your law firm and having hope to get Nursing job through H1C visa. I would like to apply for that. Thus, Will you help me to change my visa status from F1 to H1C? If so, what are the processes and criterias?

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