An “H-1B Dependent Employer” is a U.S. employer that hires a higher amount of H-1B employees than the normal standard. This is a great risk because the employer will then have to provide attestation obligations pertaining to the displacement of U.S. workers. In other words, the employer will need to provide evidence that qualified American workers are not having their jobs outsourced to foreign labor. Employers listed as H-1B dependent will most likely be questioned on their various recruiting efforts. Check for H1B Visa Process in UT Evaluators.
Because being considered an H-1B dependent employer can have far-reaching consequences, there are rules as to how certain terms are defined.
Full-time employee: This means that the employee works at least 40 hours per week. under certain circumstances, employees that work from 35 to 40 hours per week may be considered full-time employees provided that the employer recognizes this as normal in the business.
It is important to note that any employee that works fewer than 35 hours per week will be counted toward your H-1B dependent employer status as one-half of a full-time employee. The other option is to add all of the hours worked by each part-time employee and divide that number by the number of hours that are considered full-time (more than 35 hours).
Employee: Any worker that is considered an employee by tax and legal standards. This does not include independent contractors.
United States Employee: An employee that is either a U.S. citizen or lawful permanent resident (green card holder). For more details on H1B Visa check Icassp2003
Another thing to note is that H-1B1 employees from Chile and Singapore as well as E-3 employees from Australia are not counted toward the H-1B threshold when determining if you are an H-1B dependent employer.
Make sure that you take these definitions into account when calculating whether you qualify as an H-1B dependent employer. To be sure that your calculations are correct according to immigration law, be sure to retain the services of an H-1B attorney before making any large decisions.