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    H-1B Temporary Work Visas

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    Carl Shusterman
    http://shusterman.com Former INS Trial Attorney Carl Shusterman (1976-82) explains the eligibility requirements for H-1B temporary work visas. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html H-1B, or specialty occupation, visas are granted to persons who jobs require a Bachelors degree or equivalent, who possess such a degree/experience and whose employers agree to pay them either the prevailing wage, or the actual wage, whichever is higher. Since 1991, H-1B visas have been subject to a numerical cap, which is currently set at 85,000. Since employers submit over twice that many H-1B petitions, applicants are subject to a lottery. However, the following are cap-exempt: * Working "at" an institution of higher education; * Non-profit employers which are "affiliated" with or "related" to institutions of higher education; * Non-profit research organizations * Governmental research organizations In addition, physicians who have received J waivers are not subject to the numerical cap.. Before submitting an H-1B visa petition, an employer must receive an approved Labor Condition Application (LCA) from the US Department of Labor. The employer must certify the following: * Wages: Pay the required wage to the workers for whom it will file a petition supported by the LCA for the duration of the authorized period of employment; * Working Conditions: Provide the nonimmigrant workers working conditions that will not adversely affect the working conditions of U.S. workers similarly employed, such as hours, shifts, vacation periods, and benefits based on the same criteria as those the employer offers to its U.S. workers; * No Strike or Lockout: Ensure that there is no strike, lockout, or work stoppage in the course of a labor dispute in the occupational classification at the place of employment at the time of filing the ETA Form 9035/9035E; and * Notice: Notify its U.S. workers that it intends to hire an H-1B nonimmigrant worker by either providing notice of the LCA to the bargaining representative (representing the workers of the employer in the same job classification and area of intended employment as the nonimmigrant worker), or where there is no bargaining representative, providing electronic notice of the filing of the LCA or by posting notice of the LCA in at least two conspicuous locations in the employer's place(s) of business in the area of intended employment. The notice must contain specific information about the nonimmigrant workers sought and the process for submitting allegations of misrepresentation or non-compliance related to the LCA. Since the ETA Form 9035/9035E contains this information, employers may choose to comply with the notice requirement by providing or posting a copy of the ETA Form 9035/9035E. This video discusses various topics related to H-1B visas including Labor Condition Applications, cap-subject vs.

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    H-1B Temporary Work Visas

    Uploaded by

    Carl Shusterman
    20 views14 pages
    http://shusterman.com Former INS Trial Attorney Carl Shusterman (1976-82) explains the eligibility requirements for H-1B temporary work visas. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html H-1B, or specialty occupation, visas are granted to persons who jobs require a Bachelors degree or equivalent, who possess such a degree/experience and whose employers agree to pay them either the prevailing wage, or the actual wage, whichever is higher. Since 1991, H-1B visas have been subject to a numerical cap, which is currently set at 85,000. Since employers submit over twice that many H-1B petitions, applicants are subject to a lottery. However, the following are cap-exempt: * Working "at" an institution of higher education; * Non-profit employers which are "affiliated" with or "related" to institutions of higher education; * Non-profit research organizations * Governmental research organizations In addition, physicians who have received J waivers are not subject to the numerical cap.. Before submitting an H-1B visa petition, an employer must receive an approved Labor Condition Application (LCA) from the US Department of Labor. The employer must certify the following: * Wages: Pay the required wage to the workers for whom it will file a petition supported by the LCA for the duration of the authorized period of employment; * Working Conditions: Provide the nonimmigrant workers working conditions that will not adversely affect the working conditions of U.S. workers similarly employed, such as hours, shifts, vacation periods, and benefits based on the same criteria as those the employer offers to its U.S. workers; * No Strike or Lockout: Ensure that there is no strike, lockout, or work stoppage in the course of a labor dispute in the occupational classification at the place of employment at the time of filing the ETA Form 9035/9035E; and * Notice: Notify its U.S. workers that it intends to hire an H-1B nonimmigrant worker by either providing notice of the LCA to the bargaining representative (representing the workers of the employer in the same job classification and area of intended employment as the nonimmigrant worker), or where there is no bargaining representative, providing electronic notice of the filing of the LCA or by posting notice of the LCA in at least two conspicuous locations in the employer's place(s) of business in the area of intended employment. The notice must contain specific information about the nonimmigrant workers sought and the process for submitting allegations of misrepresentation or non-compliance related to the LCA. Since the ETA Form 9035/9035E contains this information, employers may choose to comply with the notice requirement by providing or posting a copy of the ETA Form 9035/9035E. This video discusses various topics related to H-1B visas including Labor Condition Applications, cap-subject vs.

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    http://shusterman.com Former INS Trial Attorney Carl Shusterman (1976-82) explains the eligibility requirements for H-1B temporary work visas. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html H-1B, or specialty occupation, visas are granted to persons who jobs require a Bachelors degree or equivalent, who possess such a degree/experience and whose employers agree to pay them either the prevailing wage, or the actual wage, whichever is higher. Since 1991, H-1B visas have been subject to a numerical cap, which is currently set at 85,000. Since employers submit over twice that many H-1B petitions, applicants are subject to a lottery. However, the following are cap-exempt: * Working "at" an institution of higher education; * Non-profit employers which are "affiliated" with or "related" to institutions of higher education; * Non-profit research organizations * Governmental research organizations In addition, physicians who have received J waivers are not subject to the numerical cap.. Before submitting an H-1B visa petition, an employer must receive an approved Labor Condition Application (LCA) from the US Department of Labor. The employer must certify the following: * Wages: Pay the required wage to the workers for whom it will file a petition supported by the LCA for the duration of the authorized period of employment; * Working Conditions: Provide the nonimmigrant workers working conditions that will not adversely affect the working conditions of U.S. workers similarly employed, such as hours, shifts, vacation periods, and benefits based on the same criteria as those the employer offers to its U.S. workers; * No Strike or Lockout: Ensure that there is no strike, lockout, or work stoppage in the course of a labor dispute in the occupational classification at the place of employment at the time of filing the ETA Form 9035/9035E; and * Notice: Notify its U.S. workers that it intends to hire an H-1B nonimmigrant worker by either providing notice of the LCA to the bargaining representative (representing the workers of the employer in the same job classification and area of intended employment as the nonimmigrant worker), or where there is no bargaining representative, providing electronic notice of the filing of the LCA or by posting notice of the LCA in at least two conspicuous locations in the employer's place(s) of business in the area of intended employment. The notice must contain specific information about the nonimmigrant workers sought and the process for submitting allegations of misrepresentation or non-compliance related to the LCA. Since the ETA Form 9035/9035E contains this information, employers may choose to comply with the notice requirement by providing or posting a copy of the ETA Form 9035/9035E. This video discusses various topics related to H-1B visas including Labor Condition Applications, cap-subject vs.

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
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    20 views14 pages

    H-1B Temporary Work Visas

    Uploaded by

    Carl Shusterman
    http://shusterman.com Former INS Trial Attorney Carl Shusterman (1976-82) explains the eligibility requirements for H-1B temporary work visas. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html H-1B, or specialty occupation, visas are granted to persons who jobs require a Bachelors degree or equivalent, who possess such a degree/experience and whose employers agree to pay them either the prevailing wage, or the actual wage, whichever is higher. Since 1991, H-1B visas have been subject to a numerical cap, which is currently set at 85,000. Since employers submit over twice that many H-1B petitions, applicants are subject to a lottery. However, the following are cap-exempt: * Working "at" an institution of higher education; * Non-profit employers which are "affiliated" with or "related" to institutions of higher education; * Non-profit research organizations * Governmental research organizations In addition, physicians who have received J waivers are not subject to the numerical cap.. Before submitting an H-1B visa petition, an employer must receive an approved Labor Condition Application (LCA) from the US Department of Labor. The employer must certify the following: * Wages: Pay the required wage to the workers for whom it will file a petition supported by the LCA for the duration of the authorized period of employment; * Working Conditions: Provide the nonimmigrant workers working conditions that will not adversely affect the working conditions of U.S. workers similarly employed, such as hours, shifts, vacation periods, and benefits based on the same criteria as those the employer offers to its U.S. workers; * No Strike or Lockout: Ensure that there is no strike, lockout, or work stoppage in the course of a labor dispute in the occupational classification at the place of employment at the time of filing the ETA Form 9035/9035E; and * Notice: Notify its U.S. workers that it intends to hire an H-1B nonimmigrant worker by either providing notice of the LCA to the bargaining representative (representing the workers of the employer in the same job classification and area of intended employment as the nonimmigrant worker), or where there is no bargaining representative, providing electronic notice of the filing of the LCA or by posting notice of the LCA in at least two conspicuous locations in the employer's place(s) of business in the area of intended employment. The notice must contain specific information about the nonimmigrant workers sought and the process for submitting allegations of misrepresentation or non-compliance related to the LCA. Since the ETA Form 9035/9035E contains this information, employers may choose to comply with the notice requirement by providing or posting a copy of the ETA Form 9035/9035E. This video discusses various topics related to H-1B visas including Labor Condition Applications, cap-subject vs.

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    of 14

    Immigration 101: H-1B Visas

    Immigration Attorneys
    Carl Shusterman
    Raj Iyer

    Requirements for H-1B Status

    Job Must Require 4-Year Degree


    Applicant Must Possess Such a

    Degree Or Equivalent Experience


    Prevailing Wage Requirement

    Cap-Subject H-1B Visas

    General Cap 65,000

    per Year
    Advanced Degree Cap
    - 20,000 per Year
    6,800 H-1B Visas for
    Chile & Singapore

    When to Apply for Cap-Subject H-1Bs

    Starting April 1st Each Year


    For Employment Starting on

    October 1st

    Cap-Exempt H-1B Visa Employers


    Working at Universities
    Related or Affiliated

    Non-Profit Entities
    Non-Profit Research
    Organizations
    Government Research
    Organizations

    Cap-Exempt Persons

    Most Physicians With J Waivers


    H-1B Workers Seeking Extension of Status
    H-1B Workers Seeking Change of Employers

    Procedure for Obtaining H-1B Status

    Labor Condition Application

    (LCA)
    Credentials Evaluation
    Form I-129 Petition and Fees
    Change of Status in U.S. or
    Obtain H-1B Visa Abroad

    How to I-9 New H-1B Employees


    List A Documents:
    Beneficiarys Foreign

    Passport
    H-1B Approval
    I-94

    I-9 for H-1B Continuing Employment


    Submit Extension Petition to

    USCIS before H-1B Expires


    Write 240 days Extn. and
    Date Form I-129 was Submitted
    to USCIS in Margin of Form I-9
    Next to Section 2
    Upon Approval: Reverify
    Employees Employment
    Authorization in Section 3

    I-9 for H-1B Change of Employer (Porting)

    AC 21 H-1B Employee Changing Employers

    can Work for New Employer once H-1B Filed


    I-9: Use Employees Previous I-94 and
    Passport, Write AC 21 and Date Form I-129
    was Submitted to USCIS in Margin

    F-1 Students with OPT


    F-1 Students with OPT

    can Continue to Work


    after H-1B Petition Filed
    if OPT was Valid at Time
    of Filing
    Period of Employment is
    Automatically Extended
    until September 30

    Cap Gap H-1B filing

    If OPT was Not Valid at

    Time of H-1B Filing, F-1


    Students can Continue to
    Stay in U.S. if H-1B
    Petition was Filed within
    60 Day Grace Period
    after OPT Expiry

    Alternatives to H-1B Visas


    TNs for Canadians & Mexicans
    E-3 Visas for Australians
    L-1B, J-1, H-3, etc.

    Questions?

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