Not all company who hired you on OPT is willing to sponsor H1B visa for you. The reason can be so simple that it beyond your imagination. The truth of matter is many HR have no idea what H1B is or entails, therefore you need to convince your employer to take action for you.
How? You have to know for yourself what exactly H1B petition means to employers.
The employer must establish that the job requires the services of a professional, that the foreign worker qualifies as such a professional. Generally, the H1b visa is available for those workers who have a bachelor's degree in a technical field who will be working in a technical position that requires an undergraduate degree.
To protect the salaries of foreign nationals, employers are required to pay the higher of prevailing wage. The prevailing wage is the average salary paid to workers in the area of intended employment.
Therefore, if you can work with a lawyer to figure out a match so that they don’t have to think it through, your employer would be more willing to sponsor you.
Besides, if the employer is worried they are not big or profitable enough, there is good news for you. Small business may have other legal burdens in H1B petition, but profitability is not an issue.
All in all, you are advised to consult a lawyer before you talk to your employer about sponsorship so that you are sure about your eligibility. Of course, if you agree to pay for attorney fee, you are one more step closer to H1B.
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