Why Smaller Companies Are Often the Best Bet for H-1B Sponsorship

If you need visa sponsorship, a smaller company might actually be your best bet. Here's why.

When a company is sponsoring one or two employees, they're invested in getting it right. Every detail matters. They'll work closely with their attorney to build a strong case from the start.

I've seen the difference firsthand.

At larger companies with high volume, sometimes the approach is: submit the petition (often as many as possible), and if there's a Request for Evidence, deal with it later. It's the bare minimum. Not everyone's petition will be approved this way, and it can cause increased costs and delays to fix it later.

For our clients who see each applicant as an individual with unique skills that they will contribute to the company, we evaluate the strength of the case up-front. First, we confirm the employee qualifies for the immigration benefit (and if more than one option is available, we select which option has the best chance of success). We determine the correct SOC code. We calculate the wage level. We build the case before anything is filed, and provide our full document checklist up front.

This year, that approach matters even more.

With the new salary-based weighting system for the H-1B visa for example, you have to select your wage level at registration. Your number of chances in the lottery depends on it. There's no "figure it out later." If the wage level is selected based on wrong or fraudulent reasons, the petition will be denied, and the company will lost its time and financial investment. The beneficiary may lose his or her status.

When we've had clients with lower salaries, we went out of our way to document why the position qualified as a specialty occupation, and why they meet the minimum threshold. Those cases got approved without RFEs—even when the salary wasn't high. 

We have also advocated for employers to raise the salary in even small increments if it would push the employee to the next wage level.

The takeaway: don't assume bigger means better when it comes to sponsorship. 

A company that's truly invested in keeping you will put in the work to make your case as strong as possible, and will workout your short-term and long-term plan.

Have you noticed a difference in how small vs. large companies handle sponsorship?

DISCLAIMER: This post does not constitute legal advice, or make any guarantees as to a potential outcome. Consult with a qualified, licensed immigration attorney about the facts of your case before proceeding.