Adam Green Law Offices of Adam Green 6300 Wilshire Blvd. Suite 1020 Los Angeles, CA 90048 800-705-5544 adamgreen@earthlink.net http://www.employment-familysponsoredimmigtration.com
Possible Upcoming Legislation Authorization to Work/Temporary Work Visas Employment-based Green Cards
Potential changes in employing international faculty ◦ STEM majors granted Permanent Residence ◦ Filing Fees increase, schools exempt?
How do you know if someone is authorized to work? ◦ Can you ask? Wording in the contact Don’t let the Chair make promises that cannot be kept ◦ Documents E.g. I-20 from OPT H-1 Filing receipt – “Portability”
I-9 ◦ Must be completed within 3 days of employment ◦ How to read it Only b & c completed Contract language ◦ “This offer is contingent upon verification of your employment eligibility. You must present documents that establish your identity and employment eligibility within 3 business days of the date that the employment begins.”
What is an H-1B? ◦ Temporary work visa given in 3 year periods ◦ University level degree or equivalent required for the position Job MUST require the employee’s SPECIFIC CIFIC or closely related degree
Are you paying enough? Salary must be at least the prevailing wage for the position ◦ Prevailing Wage: The US Department of Labor decides the minimum salary for a particular job in a particular location in the country. If the salary for your job is even 1 dollar lower, NO VISA ◦ www.flcdatacenter.com ◦ Collective Bargaining Agreement (CBA) Salary is the Prevailing Wage
What do you do when someone needs an H-1B? ◦ Documents Labor Condition Application, I-129, Support Letter ◦ Working with an immigration attorney Quota issues. Do you need to be concerned? ◦ Universities and non-profits are exempt from the quota
Up to 3 years and extended up to another 3 years ◦ The employee gets only 6 years total. If the employee works for one University in H-1B status for 4 years then changes jobs, he/she only gets 2 years with the second employer But if the employee is in the middle of the Greencard process, it may be possible to extend H-1B past 6 years
H-1B Application Process Is Slow ◦ The application must go through 2 Department of Labor offices and 1 Immigration office ◦ Process can take 4-5 months Premium Processing fee and Portability — FAST! ◦ If you pay the extra $1,225, 3 months becomes 3 weeks ◦ Portability Employee can be put on payroll once you get the receipt (But, he/she cannot quit the first employer until the receipt is received)
$325 base fee + $500 fraud fee = $825.00 total For Premium Processing add $1,225 Who Pays the Fees? What if there is an attorney?
Unlike the H-1B for other countries ◦ The employee must establish that he/she is coming temporarily, and after completion of the work assignment will depart the U.S. ◦ Thus, Section 214b of the law applies, which is the section of the law that also makes it difficult for people applying for F & J visas. To avoid this potential problem you may request an H-1
Spouse of E-3 may be granted employment authorization E-3 may be granted in two-year increments indefinitely but beware of 214b rules Exempt from the $500.00 anti-fraud fee Premium Processing is Not available
How do you know if your employee has the J visa 2 year home residency requirement? Danger! If subject, how does the employee get the waiver? Timeframes Can the employee change to another visa status or obtain the green card if he/she is subject?
Employee with teaching duties: If your employee is tenure track or you will retain him/her indefinitely If the employee has teaching responsibilities, the University can sponsor him/her for a Green Card ◦ National advertising ◦ File with the Department of Labor within 18 months If this window is missed, a second search must be performed
Normally apply during H-1B visa period Greencards require a full-time job Easy to obtain Labor Certification for full- time “permanent” faculty positions
Employee without teaching duties: Individuals applying in this category must first obtain a Labor Certification ◦ Labor Certification: a determination by the US Department of Labor that no American worker could be found who met the minimum requirements for the job after a recently completed recruitment
Timeline Who is required to pay for the Green Card costs and how much? ◦ $580.00 + $1,070.00 = $1,650.00 in filing fees
Recommend
More recommend
