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Hello all:
My brother who is in Pakistan is recently hired by a company, of course desi owned, and have got all the documents in black and white. However he has received the labor certification by email in the pdf form, which I don't think is a problem to just print out and add to all the other documents and send out with the application for the H1 visa.
I have three questions though:
1. The document has a space to sign in section H by person mentioned in that section. But it is not signed. Is that a problem?
2. If my brother just prints out the document and applies for the visa, it won't be attested or anything, would that be ok?
3. This is the my main question. In the section F1, the option C is checked, which reads as follows:
Employer is H1B dependent and/or a willful violator BUT will use this application ONLY to support H1B petiitions for exempt non-immigrants.
There are three key terms here, "h1 dependent employer", "willful violator" and "exempt non-immigrant". After some research on the internet, I have found that H1B dependent employer is the one who employs many H1B workers (which I believe they are). A willful violator is the one against whom there has been a labor violation filed in the past 5 years. Hopefully they have chosen this option mainly because they are H1B dependent and not because of any violation.
But the definition of "exempt" as given on the Department of Labor website is the one whose salary is at least $60,000 per year or the one who has Masters degree or higher.
My brother has BS in Computer Science with around 4 years of experience. And his employment offer letter that they have given him specifies a salary which is $5000 less than this limit. Hence he apparently does not qualify for exempt status.
The question is how serious is this? Any help from a lawyer or someone who went through this kind of situation or any insight from anyone for that matter would highly be appreciated.
Thanks.
Shah
My brother who is in Pakistan is recently hired by a company, of course desi owned, and have got all the documents in black and white. However he has received the labor certification by email in the pdf form, which I don't think is a problem to just print out and add to all the other documents and send out with the application for the H1 visa.
I have three questions though:
1. The document has a space to sign in section H by person mentioned in that section. But it is not signed. Is that a problem?
2. If my brother just prints out the document and applies for the visa, it won't be attested or anything, would that be ok?
3. This is the my main question. In the section F1, the option C is checked, which reads as follows:
Employer is H1B dependent and/or a willful violator BUT will use this application ONLY to support H1B petiitions for exempt non-immigrants.
There are three key terms here, "h1 dependent employer", "willful violator" and "exempt non-immigrant". After some research on the internet, I have found that H1B dependent employer is the one who employs many H1B workers (which I believe they are). A willful violator is the one against whom there has been a labor violation filed in the past 5 years. Hopefully they have chosen this option mainly because they are H1B dependent and not because of any violation.
But the definition of "exempt" as given on the Department of Labor website is the one whose salary is at least $60,000 per year or the one who has Masters degree or higher.
My brother has BS in Computer Science with around 4 years of experience. And his employment offer letter that they have given him specifies a salary which is $5000 less than this limit. Hence he apparently does not qualify for exempt status.
The question is how serious is this? Any help from a lawyer or someone who went through this kind of situation or any insight from anyone for that matter would highly be appreciated.
Thanks.
Shah
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