H1b visa - labor certification (eligibility and wage level)

[wonyoung0602 0]

I obtained bachelor of science in psychology in 2014 and I currently work as an assistant counselor and a case manger in the substance use disorder counseling field for my OPT. My current work place is private, non-profit organization. Executive director of the organization told me that he would sponsor me if I applied for H1B visa. So, looked up some information to start with labor certification and ended up with some confusion about my eligibility for the visa.

I have been working in this field in January, 2015 and I do not have any other experiences. I achieved bachelor of science degree in psychology in 2014. I currently attend community college to meet the requirements for chemical dependency professional credential. I received approval for chemical dependency professional trainee and have been filling the required hours under clinical supervision. According to the DOH website, minimum requirement for the chemical dependency professional is AA degree with 1650 hours of transdisciplinary foundation. Since I have BA degree, required hours for me would be 1,150 hours. I believe that I have filled more than 400 hours so far. However, I do not think that I will be able to obtain CDP credential before I file the application for H1B.

When I looked up occupations that are similar to what I do now on Foreign labor certification data center online wage library website, the following had most similar job descriptions:

21-1023.00 mental health and substance abuse social workers (job zone 5, education & training code 3)

21-1011.00 substance abuse and behavioral disorder counselors (job zone 4, education & training code 3)

21-1093.00 social and human service assistants (job zone 4, education & training code - no level set)

21-1019.00 Counselors, All other (job zone - N/A, education & training code - No level set)

According to the job description, my qualification for the job (BA degree with less than 1 year of experience) does not seem to fit. Since I have about five more months left for OPT, I do not think I have enough time to work on other credentials or experiences for the resume. I wonder if it would be still okay to file the application and how likely it is for me to get an approval for labor certification and H1b visa.

In addition, I am concerned about the wage level. Someone told me that my wage level should be determined based on the FLC wage search results. I consider myself as entry level. However, since the qualification seems to be higher than what I have, I am not certain how I should range my wage level. Some people told me that my wage should be higher than what was recommended on the FLC wage search results and some other told me that my wage should be lower than what was recommended on the FLC wage search results. I am very confused about this wage. It would be greatly appreciated if you could provide me an explanation about this part.

I appreciate for reading this long post and anticipate to hear back from you soon. Thank you very much.

[aaron2020 11,651]

Hi,

This is where your company needs to hire an immigration lawyer. The company is required to pay for the lawyer and process. Under the law, you are not allowed to pay directly or indirectly.

What you are asking is facts specific and beyond the scope of a DIY website.

Best of luck

[Boiler 45,499]

Agree these are issues for your Employer not you.

[Mollie09 1,543]

You cannot do this yourself.

For legal reasons, your employer needs to pay for the process and for legal counsel to obtain the visa on your behalf. It is, after all, their visa to employ you, not your visa to work for them.

It's unlikely you'll find help here. When buying a house, I read my entire mortgage loan agreement and purchase and sale agreement, but never looked at any of the 4 H-1B petitions filed on my behalf. It's way out of anyone's depth.

[wonyoung0602 0]

Thank you for all the comments. I know that it is my employer's part, but i wanted to make sure if i qualify for the position. I do not want to ask my employer to file the application when i am likely to be denied due to my qualification. I guess i better let my employer to ask a lawyer about this matter... Anyways, thank you.

Edited September 8, 2015 by wonyoung0602