Adam Green Law Offices of Adam Green 6300 Wilshire Blvd. Suite 1020 - - PowerPoint PPT Presentation

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
• ffices 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

• r 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