The Importance of a Sponsor
Before you can apply for a visa to work in the US, you must have a sponsor (unless you qualify for an EB-2 National Interest Waiver). The sponsor submits your petition for your category of visa and pays the bulk of the fees, and in return, you receive a document that gives you the terms of your work authorization.
To qualify for visas like the H-1B, you must be highly skilled in your specialty. Since most of the people seeking visas meet that definition, the H-1B is a competitive visa, making it challenging to obtain. But once you get the first step of finding a sponsor completed, the rest becomes a cumbersome process made easier with the help of legal experts like Visa2US.
Looking for a Sponsor Via the Visa Database
Many foreign workers search for a potential H-1B sponsor on H1BGrader.com. This website includes the H-1B Visa Sponsors Database, which includes information from the H-1B data hub on the USCIS site, as well as data published by the Department of Labor with information about approved Labor Certification Applications.
You can search for a sponsor for your H-1B by the company’s name directly, by job titles, geographic location, salaries, and past H-1B job offers. Once you find a promising company to apply to, check the grade on the H1B Grader website to ensure it’s an approved and legitimate business. If so, the next steps are the same as you’d complete for any job position, aside from submitting a request for an H-1B.
Disqualified Employers
Another step to take before assuming an employer is reputable is running their information through the Wage and Hour Division’s list of Debarred/Disqualified Employers. This division of immigration services keeps track of willful employer violators in the H-1B program.
“Willful violator employer” is the term used to refer to employers that have been entered into proceedings by the Department of Labor due to a violation of the Immigration and Nationality Act (INA) § 212(n)(2); (8 U.S.C. § 1182(n)(2)(C) or by the Department of Justice under INA § 212(n)(5); (8 U.S.C.§ 1182(n)(5).
They have been found to have committed a willful failure or misrepresentation of material fact, both of which are attested to on the Labor Condition Application on or after October 21, 1998.
Those labeled as willful violators and those that qualify as H-1B dependent employers must meet additional requirements so that their H-1B filing does not displace US workers and that current employees have been notified, with job offers to any US worker who is equally or better qualified.
As of May 1, 2023, there are four businesses on this list. Although they are not all willful violators, they do all have a period of debarment, as listed.:
Broadgate, Inc., 6/21/2022 to 6/20/2024 (willful violator)
Spate Business Solutions, LLC 10/26/2021 to 10/25/2023 (not a willful violator)
Cloudpoint Systems, Inc, /3/2021 to 8/2/2023 (not a willful violator)
Virtulytix, Inc., 3/15/2023 to 3/14/2025 (willful violator)
These companies may continue to retain H-1B employees if they qualify for an exemption. However, it’s safest to avoid working for any business on the official list of Debarred and Disqualified Employers.
What’s Next?
If you’re still trying to find a way to obtain an employment visa, but you’re not sure what to do next, the wise and simple thing to do is to contact our friendly legal professionals at Visa2US.
We’ll listen to your goals, get to know more about your background, and help you understand your work options. Our immigration law experts are working around the clock so you have access to the visa you need to further your professional career.
