Part Time H-1B Visas During Difficult Economic Times

Successful companies are built brick-by-brick, and employees are the bricks. During difficult economic times, employers should hold on to their employees as their employees are valuable resources and made great contributions during good times. Although a wage reduction can relieve the burdens of employers to some extent, it is not a legitimate action for H-1B workers, as the law requires the employer to pay H-1B workers prevailing wages. Thus, it is also part of the reason why recent foreign graduates find it hard to find employers who are willing to sponsor their H-1B visas. Part-time H-1B, which allows less hours and wages, may be the best solution for both employers and foreign workers to survive through the current recession.

For employers who are unable to pay prevailing wages to full-time H-1B workers, part-time H-1B  is a powerful tool that can be utilized by employers to hire foreign talents or keep their staff during financial challenges. For instance, employers could petition an H-1B visa employee to work for it on part time basis, with minimum 20 hours per week, and convert part time H-1B visa to full time when the economy revives. For those who have already had H-1B workers, they may convert their exiting H-1B visa workforce from full time to part time status and pay less without violating the immigration statues regarding prevailing wages. Such conversion only requires employers to pay the filing fee which is currently $325. No $500 fraud fee or ACWIA fee ($750 or $1500) is required.   

The better news is that US employers can also initiate the lengthy green card application process for their less-paid part-time H-1B workers. Therefore, part-time H-1B provides a win-win opportunity for both foreign employees and US employers to work together and face hard economic times. When good times come, companies will witness added values from their foreign talents.

Lei Jiang LLC provides H-1B visa petition and all employment immigration law services. If you have any question or need, please contact us.