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How to determine if your Company is an H-1B Dependent Employer

February 14, 2014

An employer is considered H-1B dependent if it has in the U.S.:

(a) 25 or fewer full-time equivalent (“FTE”) employees and more than 7 H-1B employees;

(b) between 26 and 50 FTE employees and more than 12 H-1B employees; or

(c) at least 51 FTE employees and a number of H-1B employees equal to at least 15% of the employer’s FTE employees. In counting the number of FTE employees for this purpose, H-1B employees are included.

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