H1B requirement question

I am currently working under a TN visa and have been working for my employer for 2.5 years. I approached my employer about an H1B or green card. They completely refused the green card and said they seldom do H1B's as well.

What they told me is wrong (I think) and I wanted some opinions. FYI I have a Master's degree from an American university which is required for my job field. They told me that to apply for the H1B, they have to sign an affadvait saying no one else in this country can do my job and that is why they need the visa for me. They also said they would have to re-post my job and give it to someone else if someone else who was qualified applied.

I see lots of people getting H-1B's and it doens't seem this complicated for them. I think my employer is not being honest. Can anyone shed some light for me?

Sponsoring someone for an H-1B is more difficult for companies that are deemed to be "H1B Dependent"

If your company is "H1B Dependent", then it may be true that getting you an H1B is not straight forward. See relevant link.

http://www.immspec.com/h-1b-dependent-employers.htm

Now, assuming that your employer is not H-1B dependent, getting you an H-1B should not be very difficult, and you may qualify for one of the cap-exempt slots given that you have a US graduate degree.

It would be worth it for you to consult with an independent immigration attorney about your specific situation to get the best advice.

Thank you. My HR dept said they are working on an H-1B for someone in IT right now but that they really do not do them so I'm guessing we wouldn't be in the dependent category. I don't think there is anyone else on an H1-B and its a very large hospital system with thousands of employees.

I think they just don't want the hassle.

you should consult an attorney - and then educate them