Immigration Basics For Employers

Global Cleveland:

Immigration Basics For

Employers

Optional Practical Training

What is it?

Temporary employment related to an area of

study

Pre-completion (CPT)

After 1 academic year

Related to area of study

Part time while school in session

Full time during breaks


Post Completion (OPT)

DSO endorses I-20

Student files I-765

Student works after approval of I-765


Certain students can receive 17 month

extension of post completion OPT

F-1 Students who

Receive STEM degrees included on STEM

designated Degree Program List

Employed by E-verify enrolled users

H-1B

Specialty Occupation

Theoretical and practical application of body of

highly specialized knowledge

Engineers, Researchers, Accountants, Computer

Techs, other professional positions

3 year periods of stay

6 year maximum

Legal Requirements: What do Employers

need to do?

Preparing the petition

Job description

Resume and degrees

Labor Condition Application

Prevailing/actual wage

Public file

216.696.4676 www.immvisa.com

LCA Requirement

Employer attests to four (4) Labor Condition Statements: Wages

higher of the actual wage or the prevailing wage

pay the ee the required wage for time in nonproductive status

Ee offered benefits and eligibility for benefits on the same basis as U.S. workers

Working Conditions No adverse effect

EE afforded working conditions on the same basis as similarly employed U.S. workers

Strike, Lockout, or Work Stoppage No strike, lockout, or work stoppage in the course of a labor dispute

on the day the LCA is signed and submitted

If strike, lockout, or work stoppage occurs after the application is submitted, er will notify the DOL within three (3) days and LCA will not be used in support of H-1B until DOL determines that the strike, lockout or work stoppage has ceased.


LCA Requirement

Notice

Notice of LCA has been provided to workers

employed in the named occupation.

Notice provided either through

physical posting for 10 consecutive business days in a

least two (2) locations where H-1B ee will work or

electronic notification

Notice must commence prior to filing the LCA with the

DOL.


Public File

Certified LCA and Cover Pages

Wage Rate Statement

Actual Wage

payroll records need not be maintained in the

public file, but must be retained and made

available to the DOL upon request


Public File

Prevailing Wage Determination

Posted LCA Notices

Acknowledgment of Receipt of LCA

Benefits Summary


Extension of Stay

Has ee reached the maximum of 6 years

Include all period in H-1B classification,

including periods before employment with

new employer

Once 6 years reached, ee must spend 1 year

abroad before s/he is eligible for H-1B

classification


Recapture of H-1B Time

Time spent outside the U.S. does not count

toward the 6 year limit on stay

Time spent abroad may be for any purpose

(i.e. personal or professional)

Time spent abroad may be “recaptured” later

to extend the stay in H-1B classification.


Extensions Beyond 6 Years

Individuals not subject to 6 year limit if:

Work in US on intermittent basis for less than 6

months per year

Commute to U.S. and work in U.S. on intermittent

basis


Extensions Beyond 6 Years—AC21

Two situations

Immigrant visa category is backlogged and Approved I-140 immigrant petition 3 year extension available

More than 1 extension permitted

365 days or more have passed since the filing of a labor certification or I-140 immigrant petition 1 year extension available

More than 1 extension permitted

If LC or Immigrant Petition denied or invalidated, no extension


H-1B Portability

H-1B employee may begin employment for a

new employer upon the filing of a petition Requires:

H-1B status

Lawful admittance

Engagement solely in authorized employment

Non frivolous petition

www.immvisa.com

David Wolfe Leopold & Associates

The Green Card Process: 3 Basic

Steps Labor Certification

I-140 Immigrant Visa Petition

I-485 Application to Adjust Status

Labor Certification

Not sufficient US workers who are

Able

Willing

Qualified and

Available

And


www.immvisa.com


Labor Certification

Employment of alien will not adversely affect the

wages and working conditions of workers similarly

employed

www.immvisa.com


The Labor Certification Process

Application submitted to US Department of

Labor

Minimum requirements listed by Er

Prevailing wage

www.immvisa.com


Final Steps

I-140 Immigrant Petition

I-485 Adjustment of Status (Green Card

Application)

Immigration Basics For Employers

Career

Transcript of Immigration Basics For Employers