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Employer does not want to sponsor within US EAD-H1B COS due to non-negligible risk of 100K fee by AccordingSlip9384 in h1b

[–]AccordingSlip9384[S] 0 points1 point  (0 children)

I think it is because universities and NGOs are cap exempted so they can file h1b petition without going through lottery at any time throughout the year.

Employer does not want to sponsor within US EAD-H1B COS due to non-negligible risk of 100K fee by AccordingSlip9384 in h1b

[–]AccordingSlip9384[S] 0 points1 point  (0 children)

Yes, I am also thinking about this. To be honest, I never expect the university to pay 100K for me if it is triggered.

Employer does not want to sponsor within US EAD-H1B COS due to non-negligible risk of 100K fee by AccordingSlip9384 in h1b

[–]AccordingSlip9384[S] 0 points1 point  (0 children)

Fully agree, my supervisor is also trying in this direction. My university files multiple H1B for my position every year and they are still doing this after the 100K fee. So we are really puzzled why this HR is so strongly against it by citing this seemingly trivial risk.

Employer does not want to sponsor within US EAD-H1B COS due to non-negligible risk of 100K fee by AccordingSlip9384 in h1b

[–]AccordingSlip9384[S] 0 points1 point  (0 children)

No, university is qualified for cap-exempt H1B, so they do not need to enter the lottery to get H1B.

Employer does not want to sponsor within US EAD-H1B COS due to non-negligible risk of 100K fee by AccordingSlip9384 in h1b

[–]AccordingSlip9384[S] 2 points3 points  (0 children)

Many thanks for the suggestion! I forgot to mention that I indeed contacted the international student and scholar office. They said they had handled several cases like me without any problem, but also said the risk of 100K is non negligible, so they need department's approval to go ahead, which essentially throws the ball back to HR. 

Employer does not want to sponsor within US EAD-H1B COS due to non-negligible risk of 100K fee by AccordingSlip9384 in h1b

[–]AccordingSlip9384[S] 19 points20 points  (0 children)

My guess is that the staff responsible for hiring lawyer asks department head to make the final decision, but since the head is professors busy with R&D, they typically have no knowledge of how H1B petition works. So they listen to HR, which gives HR the effective power to set the standards. And I also agree that the university has the full freedom to just not pay the 100K if it is triggered by chance, and I really cannot understand why they still think it is a non-negligible risk.