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Saturday, May 10, 2025

Can a contract job sponsor my H-1B visa?

 Yes, a contract job can sponsor your H-1B visa, but there are some specific requirements and conditions to keep in mind:

  1. Employer-Employee Relationship: For an H-1B visa, the employer must be able to demonstrate a valid employer-employee relationship, meaning the company sponsoring you must have the ability to control your work and pay you a salary. If you're working as a contractor, this relationship can be more complicated. The employer must prove that they have the right to control your work, even if you’re working at a third-party client site.

  2. Third-Party Worksites: If you're being hired through a staffing or consulting firm to work at a client’s location, your employer will need to provide details about your work at the third-party site, including how your role and duties fit the requirements for an H-1B. This often involves submitting detailed documentation about the project, worksite, and contract terms.

  3. Labor Condition Application (LCA): The employer must file an LCA with the Department of Labor for your H-1B petition. This document outlines the wage, location, and working conditions you’ll have while employed in the U.S. Even if you are a contractor, this needs to be aligned with your H-1B petition.

  4. Specialty Occupation: The job you’re hired for must meet the criteria for a "specialty occupation," meaning it typically requires at least a bachelor’s degree or equivalent in a specific field.

In short, while a contract job can sponsor your H-1B visa, it requires careful documentation and adherence to the specific legal requirements. It’s crucial that your employer has the necessary structure and legal support to fulfill these requirements, especially if you’re working through a staffing agency or as a contractor at another company’s site.

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