U.S. Immigration Law requires a Co-Worker Affidavit for H-1B Visa Application for visa application. The document must be signed by the “co-worker” applying for a green card.
An H-1B visa allows highly skilled foreign workers to work in the United States for a maximum of six years, after which they can apply for permanent residency.
If you are currently working in the U.S., you should consider filing an H-1B visa petition.
What Is An Affidavit?
A declaration made under oath is known as an affidavit. Typically, an affidavit is used to prove facts about someone’s identity, residence, or citizenship.
For example, a person may swear out an affidavit stating that they live in New York City. In addition, the person may say that their name is John Smith and that their address is 123 Main Street.
Other examples include:
• A witness states that they saw a crime committed.
• A person swears out an affidavit stating that they were born in a particular country.
• A person states that they are a citizen of a specific country.
How To Prepare An Affidavit? An affidavit is prepared using the following steps:
Step 1: Identify the document
The first step is to identify what type of document is needed. If the affidavit is filed online, the employer should select the correct form.
Step 2: Select the appropriate form
Once the document type is identified, the employer must select the correct form. There are two types of records:
• Form ETA-788 (for employers filing online)
• Form DS-156 (for employers filing paper documents)
Step 3: Complete the form
After selecting the appropriate form, the employer completes the form by filling in the blanks.
Step 4: Sign the affidavit
Finally, the employer signs the affidavit before submitting it.
When Should Employers Use An Affidavit?
Employers can use an affidavit at any H-1B visa application process. However, there are some situations where an affidavit is especially useful.
For example, an employer may need to provide an affidavit to prove the skills of its employees. Or, an employer may require an affidavit to prove that it has paid the proper wages to its employees.
However, if an employer does not need to file an affidavit, it is unnecessary to complete one.
Who Can File An Affidavit?
Any individual can file an affidavit. However, most people choose to hire a professional to prepare the affidavit.
Why Choose Professional Help?
An affidavit should be prepared by a professional for many reasons.
- First, an experienced attorney knows how to draft an affidavit properly. Therefore, the employer receives a well-written affidavit that complies with all legal requirements.
- Second, attorneys know how to ensure that the affidavit includes all relevant details.
- Third, an attorney knows how to handle sensitive issues such as immigration laws.
- Fourth, an attorney understands the nuances of the H-1B visa program. Thus, the employer receives an affidavit that provides accurate information about the H-1B.
In conclusion, I hope my article on Co-Worker Affidavit for H-1B visa application was helpful! It will prepare you for your interview and help you answer questions asked by the officer.
Frequently Asked Questions (F.A.Q.)
What is the difference between an H-1B and a Petition?
Since the forms are not all processed in the same system, USCIS requires a separate payment instrument for each H-1B1 petition and related application.
What is the H-1B/H-1A Visa Application Form?
A combined fee for Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization, will no longer be accepted by USCIS after April 1, 2022.
Applications for action on an approved application or petition, along with the H-1B or H-1B1 petition (Form I-129, Petition for Nonimmigrant Worker), must be filed together.
Is there a maximum length of stay in the United States?
As an H-1B speciality occupation worker or fashion model, you may be admitted for up to three years.
What are the legal ramifications of my employer terminating me?
If your employment is terminated before the end of your period of authorized stay, your employer is responsible for the reasonable costs of your return transportation.
What if I resign from my position?
If you voluntarily resign, your employer is not responsible for the costs of your return transportation.
How do I apply for an L.C.A.?
(Only required for speciality occupation and fashion model petitions): Employer/Agent Submits L.C.A. to D.O.L. for certification.
How do I file for a nonimmigrant worker visa?
For further information regarding L.C.A. requirements and D.O.L.’s process, see the Foreign Labor Certification, Department of Labor. USCIS receives the completed Form I-129 from the employer/agent.
Is an H-1B Visa required?
A permit is required if you apply for an H-1B visa at an Embassy or Consulate abroad.
What are the H-1B requirements?
For entry into H-1B speciality occupations in the United States, a bachelor’s or higher degree in the specific speciality (or equivalent) is required.
Can I work in the speciality?
Bachelor’s or higher degree in the speciality occupation, and have recognized expertise in the speciality through progressively responsible positions directly related to the thing.
What is the H-1B cap?
EACH FISCAL YEAR, the H-1B classification has an annual numerical limit (cap) of 65,000 new statuses/visas.
What are the H-1B Labor Requirements?
The employer/agent must attest to complying with the following labour requirements:
The employer/agent will compensate the H-1B worker at least at the level of comparable jobs or, if higher, at the prevailing wage for the position in the area where the H-1B worker will work.
What is the filing of a Labor Condition Application?
At the time of the labour condition application, there is no strike or lockout at the place of employment.
What is a speciality position?
Your position must be considered a speciality position, which, according to the USCIS, means that it must require a bachelor’s degree to perform.
What is an H-1B R.F.E.?
An R.F.E., otherwise known as a Request for Evidence, is an inquiry by the USCIS to request additional proof necessary to decide on your H-1B case.
What information should I submit?
Due to the USCIS needing proof that employer-employee relationships can relate to either the petitioner or beneficiary.
How does the USCIS verify information?
The USCIS uses VIBE to validate business enterprises.
Who can apply for an H-1B visa?
Individuals who qualify for an H-1B visa are deemed specialists in their field.
What is the USCIS’s concern?
In the USCIS’s view, there is no correlation between the two, and the beneficiary will find other employment when he arrives in the United States.
What if I have a bachelor’s degree?
Occasionally, a candidate may have a bachelor’s degree but not be in the same field as the proposed position.