H-1B VISA

WORKSHOPS

Mycon Information systems, Inc

Mycon LLC

ww.myconsoft.com

Contact: Andy Neil 508-251-70971www.myconsoft.com

Introduction to H-1B Visas

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Introduction to H-1B Visas

Overview

Provide overview of visa types & eligibility criteria

Explain basics of H-1B visas

Discuss role of HR and other agencies involved

Outline UT process for initiating and processing H-1B visa applications

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“Visa” – many different types

J-1 – Students or Visitors (watch residency requirement)

OPT – Optional Practical Training (1 yr max post grad)

H1B – Working Visa (6 yr max for all employers combined)

PERM - PR or “green card” (lifetime renewable, must renew timely!)

“Travel” – While awaiting PERM

“Entry” – I-94 on passport entry to USA (can

and often does expire before end of H1B period)

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OPT – Optional Practical Training

12 Month Duration

Provides opportunity for post-graduation training

Flexible not tied to one employer

Can be used to extend time on H1B

Inexpensive

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TN Visa Description

Based on NAFTA agreements

Mexican and Canadian citizens in specified occupations, holding at east a bachelor’s degree can work for American employers for one year

Unlimited one year extensions

Should not have intention of staying permanently in US – cannot apply for PERM from this category

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TN Visas Requirements

Proof of citizenship

Employer statements of required qualifications for the position bachelor’s degree or above

Evidence of applicant’s qualifications

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H-1B Visa Description

A nonimmigrant Visa that allows a non-citizen to be employed in the United States for up to a MAX of 6 years in a “specialty occupation”

Note – alien may work for multiple employers during 6 years; therefore you must askregarding prior H1B periods prior to offer of employment (e.g. person in 5th year)

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H-1B Visa Basic Requirements

1. Job must require an advanced degree

2. Beneficiary must have at least the relevant Bachelor’s degree or equivalent

3. Employer must pay the prevailing wage as determined by DOL

• check with HR in advance, otherwise you may not have sufficient salary

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H-1B Advantages

Allows long-term work in U.S.

Duration: • up to 3 years initially

• renewable for 3 more years, for 6 year maximum

• Eligible for another 6 years after 1 year stay outside U.S.

Ample of time to work toward PERM

No advertising or test of the U.S. labor market required

H-1B portability (under certain conditions)

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H-1B Disadvantages

Tied to one employer; not flexible like OPT

Paperwork requirements - must be done correctly to avoid USCIS or DOL violations

Cost – by hiring department– this differs by state and State of Ohio does not allow

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Roles: Alien/Depart. /Agencies

Hiring Department – hiring process, $$$

Alien – honest, complete & timely info

Human Resources – appointing authority, liaison with II and runs the process

USCIS (old INS) – approval/rejection of application

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Steps for Obtaining H-1B Visas1. Foreign National given an offer of employment

2. Determine visa category based on applicant status

3. Departmental submits approval form to HR

4. HR checklist – alien and department obtains, completes and submits paperwork and $$ to HR

5. HR files ETA 9035 electronically with USCIS

6. Complete package created for formal processing

7. completes processing, sends back to Us for appointing authority signature

8. Notice of Receipt sent from USCIS (forwards to dept and applicant)

9. Notice of Approval from USCIS (forwards to dept and applicant)

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H 1B Process

Step 1

Hiring department contacts Human Resources when foreign national

identified for hire, stating need for a visa. The Department consults with HR

regarding determination of appropriate immigration classification for the

individual/position and timing of process

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Selecting Visa Categories:

Refer to visa categories & eligibility chart for an overview of employment-based visas and their applicability

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H 1B Process

Step 2

HR provides employing department with paperwork H-1B Preliminary Packet,

Checklist and explanations of procedures(all on HR Website)

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H-1B Visas

HR Website

MUST complete

H1B Department approval or offer letter.

H1B Checklist of required documents

Information forms (self and family)

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H 1B Process

Step 3

Applicant and Hiring Department assemble and submit Checklist, and ALL REQUIRED forms and documents on checklist including payment check

to HR for review NOTE: Allow at least 8-12 weeks for Steps

3 through 7 on this Flow Chart.

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H 1B Process

Step 4

HR receives all documents plus check $$$Receipt confirmation sent to Hiring Department HR requests prevailing wage determination from

HR performs salary compensation survey comparison obtains LCA from the U.S.

Department of LaborHR notifies department regarding LCA

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H 1B Process

Step 5

HR informs employing department that wage is sufficient

Dept. prepares final H-1B packet

HR informs employing Dept. that wage is too low — Department

must raise wage OR

Files an appeal, if possible OR

Employee changes to J-1, if possible OR

University does not hire employee STOP!

Wage determinationaccepted

Yes No

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H 1B Process

Step 6

HR prepares and submits H-1B petition to International Institute (II) of Toledo for filing with United States Citizenship and

Immigration Services (USCIS)

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H 1B Process

Step 7

United States Citizenship and Immigration Services (USCIS) issues receipt notice,

followed by notice of action, HR informs department of decision

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H 1B Process

Step 8

Approval sent to employee abroadEmployee obtains visa approval to

enter US at US EmbassyEmployee eligible to work until

expiration or renewal of H-1B STOP!

Employee in US?No Yes

Employee eligible to work until expiration or renewal of H-1B

STOP!

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Questions?

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Resources

U.S. Department of State

http://travel.state.gov/

Citizenship & Immigration Services (USCIS)

http://www.uscis.gov/portal/site/uscis

TN Visas

http://travel.state.gov/visa/temp/types/types_1274.html

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