Broaching H1B with your immediate supervisor

Employers have to walk an extra mile to hire an alien worker. They will be willing to do if your supervisor thinks the worker is highly valuable to the organization. No doubt, the alien worker should prove his/her worth. OPT is an ideal platform to prove that. However, assuming that performance alone is enough is incorrect. You will have to understand the H-1B process by yourself and be prepared to educate your supervisor.

Your immediate supervisor is the key link between you and your employer. As an OPT candidate, you will have to broach H-1B sponsorship with your immediate supervisor. Often your immediate supervisor may not be fully educated on H1B process. He or She may think the petitioning process as highly complicated. It will be easy for your immediate supervisor, if you explain the process in simple terms.

Your immediate supervisor may over-estimate time, effort and cost needed to petition for H-1B visa on your behalf. Some firms have full-time immigration consultants or there are immigration attorneys who assist in completing forms. You will have to convince your immediate supervisor that it will not take too much of his/her time.

Your immediate supervisor might worry on legal consequences. Most importantly, the Labor Condition Application (LCA), to be filed with the Department of Labor is a legal binding of establishing parity between domestic and alien worker conditions. You will have to assure your immediate supervisor that your proposed terms would not violate law of the land.

H-1B process itself takes time. There are deadline to apply.  Your immediate supervisor may be preoccupied with other issues. It is important; you broach this H1B with your immediate supervisor at least 6 months in advance.