Need to replace my employees at our carwash with H-1B Indians, here is how:

U.S. Citizenship and Immigration Services. ^ | 12/30/2024 | Me

[jroehl]

Steps to Hire H-1B Employees from India

1. Determine Eligibility

   Ensure the position qualifies as a specialty occupation requiring at least a bachelor’s degree or equivalent in a specific field.

   Verify that the foreign worker has the required qualifications, such as degrees and work experience.

2. Obtain a Labor Condition Application (LCA)

   File a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL) using Form ETA-9035/9035E.

   Confirm the following:

   • You will pay the employee at least the prevailing wage for the role and location.
   • The working conditions will not adversely affect other workers.
   • You will notify current employees of the LCA filing.

3. File the H-1B Petition

   Submit Form I-129 (Petition for a Nonimmigrant Worker) to U.S. Citizenship and Immigration Services (USCIS).

   Include documentation such as:

   • Approved LCA.
   • Proof of the candidate’s qualifications (degree certificates, transcripts, etc.).
   • Job description and evidence of the specialty occupation.
   • Employer’s financial statements to demonstrate the ability to pay the offered wage.

4. Enter the H-1B Lottery (if applicable)

   If filing for a new H-1B visa and not an exempt category (e.g., universities or nonprofits), the petition will be subject to the annual H-1B cap and lottery:

   • General cap: 65,000 visas.
   • Master’s cap: Additional 20,000 visas for candidates with advanced U.S. degrees.

5. Wait for USCIS Approval

   If the petition is approved, USCIS will issue an Approval Notice (Form I-797).

6. Visa Processing in India

   The employee must apply for an H-1B visa at a U.S. consulate in India. This includes:

   • Completing Form DS-160 (Online Nonimmigrant Visa Application).
   • Scheduling a visa interview.
   • Attending the interview with the necessary documents, including the I-797 approval, passport, and job offer letter.

7. Compliance and Onboarding

   After the visa is issued, the employee can travel to the U.S. and begin working.

   Ensure compliance with H-1B regulations, including maintaining proper records, filing amendments for job changes, and adhering to worksite restrictions.

Additional Tips

• Use a Law Firm: Consult with an immigration attorney to navigate complex regulations and ensure compliance.
• Plan for Timeline and Costs: The process can take several months and involves costs such as filing fees, legal fees, and travel expenses.
• Consider Alternatives: If H-1B is unavailable, explore other visa options like L-1 (intra-company transfer) or O-1 (extraordinary ability).

[jroehl]

Specifically, we are having problems with our turnover rate. We need to lock in our employees for a couple of years. Training is killing us.

Do you think car drying could be considered a "specialty occupation" and that there may be a bachelors degree offered in India for such skills?

Can we pay 10% less than minimum wage?

[janetjanet998]

Nothing new for sure

Video
H-1B Visa - 1995 report from 48 Hours and Dan Rather about replacing American workers with people from India
https://rumble.com/v63nssd-h-1b-visa-1995-report-from-48-hours-and-dan-rather.html

[marktwain]

Thank you for applying some needed light to the discussion.

[BipolarBob]

I definitely wouldn’t want anybody wash my Bentley unless they had a BS degree or equivalent. And paying 10% less than minimum wage seems only fair. . . . for some reason.

[ClearCase_guy]

Ooh, you might not ever get rich
But let me tell you it’s better than digging a ditch
There ain’t no telling who you might meet
A movie star or maybe even an Indian chief

— Rose Royce

[BipolarBob]

We need to lock in our employees for a couple of years.

I see the problem with your turnover rate. You gave the American workers too much freedom. Unless they are caged housed on premises they may seek employment elsewhere.

[Hot Tabasco]

Need to replace my employees at our carwash with H-1B Indians, here is how:

You're already paying your employees minimum wage, so why waste your time?

[chajin]

8. Purchase a 40% stake in the local Indian restaurant. Make sure it sells dishes common to the part of India your H1Bers are coming from.

[FirstFlaBn]

According to some on FR, you have a problem with your “tone,” and, as such, are threatening to distract from the MAGA agenda. They’ve been noticing a troubling decline in civility on FR (translation: people disagreeing with them), and have been keeping a close eye on you. You’d better watch your ass.

[citizen]

You know....I've been thinking. A really good way to get H1-B reform is to first have Musk, et al, post positively about the H1-B program to get the faithful fired up against it, calling the congressmen, posting articles and replies online.

Then have Trump & his admin agree that reform is needed and push it through over the voices of big tech & other large employers.

Is this 4-D chess or am I just rambling...?

[Gay State Conservative]

later

[FrankRizzo890]

That’s a good point! What if this WAS the plan?

[BipolarBob]

You’d better watch your ass.

Due to the location of my head and eyes, my field of vision is not optimal for that part of my anatomy. But I'll take your post under advisement.

[jerod]

Legalized slavery is an option... You pay them minimum wage... Then you charge them for rent at an apartment location owned by you that houses 4 or 5 of them... So after charging them for living expenses... Instead of paying them a minimum wage... You’re actually only paying them half the minimum wage. A bonus... Your apartment complex will always have guaranteed tenants. If you own a restaurant, it’s even better because you can charge them for meals too.

They owe their soul to the company store and you get richer and richer.

If you can do that and still live with yourself... Congrats to you.

[RummyChick]

contact Cognizant. See if thet can fix you up.

[scrabblehack]

When it comes to enforcing Davis-Bacon, “prevailing wage” means “highest wage,” but it sounds like here it means “most commonly paid wage.”

[Auntie Dem]

Do you think car drying could be considered a "specialty occupation" and that there may be a bachelors degree offered in India for such skills?

You're wording that task wrong, it should be: "Lambskin dehydration specialist." or "Hydrophobic Technician" something like that.

[frank ballenger]

Probably nothing has changed since the movie Car Wash (1976).

https://www.youtube.com/watch?v=Jf7yn9GfJZ4

A movie that George Carlin and Richard Pryor couldn’t save.

[Presbyterian Reporter]

“”Thank you for applying some needed light to the discussion.”””

---

I agree. Thanks to the person who extracted these rules regarding H1B. This is an example of how FR should be. Namely, to inform other FReepers about a particular topic.

[dznutz]