Moving H-1b Employees to a New Location

Size: px
Start display at page:

Download "Moving H-1b Employees to a New Location"

Transcription

1 Moving H-1b Employees to a New Location On October 7, 2011, U.S. Citizenship & Immigration Services ( USCIS ) released new instructions to accompany Form I-129, Petition for Nonimmigrant Worker. The I-129 form is used when an employer petitions USCIS to sponsor an H-1b worker. The new instructions require that the petitioning employer state the basis upon which the H-1b classification is sought. An employer can respond in one of two ways: (1) the classification is based on a nonmaterial change in a previously approved employment, or (2) the classification is accompanied by an amended petition that will notify USCIS of a material change to the original application. While there are a number of changes that can affect an employee s status, this article will only address situations where an organization moves an H-1b employee from one location to another. It will begin by providing an overview of the government entities that are involved in determining whether to allow an organization to hire a temporary foreign worker and whether to grant that individual H-1b status. Next, the article will provide a step-by-step guide that should be followed when an H-1b employee moves from one job site to another. Finally, it reviews the different positions that the Department of Labor ( DOL ), USCIS, and the Department of State ( DOS ) take in regards to whether or not a change in job location is a material change that would require an amended petition. The article concludes that employers should ensure that they are filing new labor condition applications ( LCA ) when employees who hold H-1b status move from one job location to another. In regards to whether or not an amended petition should be filed, employers should carefully weigh the benefits and risks in filing an amended petition when a change in job location occurs to determine an appropriate course of action. However, if the employee is planning on attending a visa stamping appointment at a U.S. Consulate, employers should file an amended petition because the DOS takes the position that a change in job location is a material change that would require an amended petition. A. Government organizations that are involved in the H-1b process There are three government organizations that play a role in the H-1b application process. The DOL considers the LCA. 1 The LCA serves two purposes: (1) ensuring that U.S. workers are not displaced by foreign workers, and (2) providing standards that protect the foreign worker from being exploited. To achieve these objectives, the LCA requires the employer to attest to several different conditions which are reviewed by the DOL. 2 If the DOL approves of these provisions, it will certify the LCA. The certified LCA is an attestation made by the DOL that an employer will preserve certain work conditions and pay specific wage rates for 1 See Immigration & Nationality Act 212(n) (1998). 2 See Id. Hammond Law Group, LLC 1

2 any worksite within the area of employment. 3 After the LCA is certified by the DOL, the petitioning employer must submit the certified LCA and the Form I-129, Petition for Nonimmigrant Worker, to USCIS. 4 USCIS reviews the application to determine if the job can be considered a specialty occupation, if the qualifications of the worker meet the requirements of the specialty position being sponsored, and whether an employer employee relationship will be maintained between the petitioning employer and the sponsored employee. 5 If USCIS approves the case, then the petition will follow one of two paths. If the beneficiary is already in the United States, USCIS will determine whether the beneficiary can change status within the United States. 6 If the beneficiary is abroad, the petition will be forwarded to the DOS. The DOS will review the application and determine whether to grant the beneficiary a visa to enter the United States to work for the petitioning employer. 7 B. Step-by-step guide on moving H-1b employees After an employer has decided to move an employee who holds H-1b status to a new location, it should follow these steps to ensure that it does not run the risk of incurring penalties or causing its H-1b employee to lose status. 1. The employer should consider the nature of the change in job location. As discussed earlier, a LCA covers the area of employment that the employee will be working at. 8 In most situations, an employee who is moving to a new job location will be changing to a new area of employment. However, there are two different scenarios that could result in a determination that an employee is not working in a new area of employment. First, the employer should determine whether the job site is in the same metropolitan statistical area as the location for which the LCA was certified. If it is, then it is in the same area of employment as the LCA. In such situations, the employer must only post notice at the new job site in two different places before the employee starts work, and keep the posting notices in the public access file. 9 Second, the employer should determine whether the placement at a new location is short-term. An employer can place an H-1b employee at any worksite that is not covered by the LCA for a total of 30 work days in a one year period. 10 If a placement is classified as short-term, the employer is not required to file a new LCA See 20 C.F.R (4). An area of employment is defined as the area within normal commuting distance of the places (address) of employment where the H-1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance. See Id. 4 See 8 C.F.R (h)(2). 5 See Immigration & Nationality Act 101(a)(15)(H)(i)(B). 6 See Immigration & Nationality Act 248 (1952). 7 See Id. at 214(c). 8 See 20 C.F.R (4). 9 See 20 C.F.R (a)(1)(ii) and Letter from Efran Hernandez III, Director, Business and Trade Branch, U.S. Department of Homeland Security, to Lynn Shotwell, American Council on International Personnel (Oct. 23, 2003). 10 See 20 C.F.R (c). 11 See 20 C.F.R Hammond Law Group, LLC 2

3 2. Next, the employer should review the new job location that the employee will be working at. If the employer determines that the change in job site is not in the same area of employment and is not a short-term placement, it will have to review the new job location. A certified LCA states a prevailing wage that sets the wage for a particular occupation in a metropolitan statistical area. The employer is required to pay this wage or the equivalent of what it is paying its U.S. workers at the job site, whichever is higher. The employer should determine what the prevailing wage is at the new job location and how much it is paying other U.S. workers at this site. Depending on the location that an employee is being moved to, the wage might be substantially higher than what the employee is being currently paid. In such a situation, the employer should consider whether it can increase the H-1b employee s billing rates to make up the difference in wages between the two work locations. 3. After reviewing the job location and making any necessary billing changes, the employer should file a new LCA. If an employer determines that the new job location constitutes a new area of employment, then a new LCA will have to be filed and posted. This LCA should reflect the new job location and its corresponding wage. The LCA must be filed and all posting notices met before the employee begins working at the new location. By doing so, the employer will satisfy the requirements of USCIS and the DOL. C. The positions taken by the DOL, USCIS, and DOS in regards to whether a change in job location is a material change While it is important to understand the different role that each of the government agencies play in the H-1b application process and the overall steps that should be followed when an employee changes job location, it is also critical to recognize that each government entity has its own requirements that must be followed when a H-1b employee moves from one job location to another. An organization that hopes to move an H-1b employee must follow each requirement to ensure that it does not receive fines and to preserve its employees ability to enter or re-enter the United States. The DOL requires that an employer obtain and post a new LCA when an employee is moving from one job site to another. There is no further requirement specified by the DOL. Consequently, as long as employers ensure that they are obtaining and posting a new LCA whenever an employee changes job locations, they will meet the DOL s specifications. Historically, USCIS memoranda stated that a change in job location was not a material change in the job. 12 Consequently, USCIS did not require an amended petition. In addition, the 12 See Letter from Efran Hernandez III, Director, Business and Trade Branch, U.S. Department of Homeland Security, to Lynn Shotwell, American Council on International Personnel (Oct. 23, 2003). Hammond Law Group, LLC 3

4 language included in the most recent version of the Form I-129, Petition for a Nonimmigrant Worker on the H Classification Supplement requires employers to certify that they will obtain and post a LCA for that site prior to reassignment. These statement do not seem to require that employers file an amended petition when one of their employees changes job locations. Since this is the latest available information, we suggest that employers can fulfill the DOL and USCIS s requirements by simply obtaining and posting a LCA at the new worksite location. In such a case, no amended petition is required because USCIS does not seem to be taking the position in its instructions on the Form I-129 that a change in job location is a material change. The benefit of only obtaining and posting a new LCA at the new work location is that the employer can avoid undertaking the process of filing and receiving an approved amended H-1b petition from USCIS. Given the difficulty that many employers are facing as a result of USCIS s current focus on whether employers are maintaining the right to control their employees and whether positions qualify as a specialty occupation, employers may want to avoid filing an amended petition which could open the sponsored position to inquiry by USCIS on a variety of issues. By only filing a new LCA when a change in location occurs, employers will also avoid having to pay attorney fees and filing fees to USCIS for the amended petition. While the filing fee for an amended petition that does not request a further extension of stay is minimal at $325, this amount can add up if an employer routinely moves its employees from one site to another. While these benefits are critically important as employers try to make their businesses as cost-efficient as possible while still following the federal regulations, there are some risks involved in only obtaining and posting a new LCA when a change in job location occurs. Specifically, site visits are becoming increasingly common. The site investigator will usually contact the employer if it is unable to locate the sponsored employee at the location specified in the petition and will generally be satisfied with a copy of the LCA that was filed listing the new work location. Occasionally though, this scenario will result in USCIS issuing a notice of intent to revoke on the basis that the sponsored employee is not working at the location specified in the underlying petition. If this occurs, the employer will have to demonstrate to USCIS that it fulfilled its obligations under the federal law and USCIS guidance by filing a new LCA listing the new work location. If USCIS is not satisfied with this argument, it can decide to revoke the employee s H-1b because he or she is not working at the location for which the LCA that was submitted as part of the underlying petition was certified. If this were to occur, the employee would be forced to leave the United States while the employer filed a new H-1b petition that would allow the employee to re-enter the United States. Finally, the DOS requires that an amended petition be filed each time that an H-1b employee moves to a different job location. The DOS takes the position that a change in job location is a material change and an amended petition must be filed to reflect this change. Employers that choose to only obtain and post new LCA s when an employee moves locations should carefully monitor their employees travel plans. If an employee plans to go abroad and attend a visa stamping appointment at a U.S. Consulate, the employer will need to file an amended petition listing the new work location before the employee goes abroad. If the employee attends a visa stamping appointment when he is no longer working at the location that was listed in the underlying petition, the Consulate will likely deny the visa stamping Hammond Law Group, LLC 4

5 request. If this occurs, the employer will be forced to file an amended petition while the employee remains abroad. Once approved, the employee will have to attend a second visa stamping appointment with his new amended petition. To avoid having to undergo this stressful sequence of events, employers should ensure that they are filing amended petitions for all employees who plan to attend visa stamping appointments and who have moved to a new work location. D. Conclusion Unfortunately, USCIS s current instructions on the Form I-129, Petitioner for a Nonimmigrant Worker, do not clearly specify whether or not a change in job location is considered a material change by USCIS that would require an amended petition. However, given the historical position that USCIS has taken on this issue and its statements on the Form I- 129 that employers must obtain and post a new LCA when a change in job location occurs, we are comfortable advising clients that they may choose to only obtain and post a new LCA when a change in job location occurs as long as the employer will plan on filing an amended petition if an employee plans to go abroad for visa stamping at a U.S. Consulate. However, as outlined above, there are some risks in taking this position. Consequently, every employer should carefully weigh whether the benefits of avoiding filing an amended petition outweigh the risks. The Hammond Law Group is always happy to discuss which position might be appropriate for an individual employer. Hammond Law Group, LLC 5

H-1B Visa Status Processing Procedures University of Wisconsin-Stout

H-1B Visa Status Processing Procedures University of Wisconsin-Stout H-1B Visa Status Processing Procedures University of Wisconsin-Stout Revised January 2018 Definition: The United State Citizenship and Immigration Services (USCIS) states that an H-1B visa classification

More information

Nonimmigrant Visas and Immigration Basics

Nonimmigrant Visas and Immigration Basics Nonimmigrant Visas and Immigration Basics 2013 Summer Conference Robert F. Loughran 512.852.4142 rloughran@fosterquan.com Government Agencies Involved Department of Homeland Security US Citizenship & Immigration

More information

Key Provisions: Immigration Innovation Act of 2018 (I-Squared)

Key Provisions: Immigration Innovation Act of 2018 (I-Squared) Key Provisions: Immigration Innovation Act of 2018 (I-Squared) H-1B PROVISIONS H-1B cap Annual H-1B cap 85,000, with a market escalator 20,000 cap exemption for holders of US advanced degrees Unlimited

More information

IMMIGRATION OUTLINE: NONIMMIGRANT VISAS FOR PROFESSIONALS AND SPECIALTY OCCUPATIONS

IMMIGRATION OUTLINE: NONIMMIGRANT VISAS FOR PROFESSIONALS AND SPECIALTY OCCUPATIONS IMMIGRATION OUTLINE: NONIMMIGRANT VISAS FOR PROFESSIONALS AND SPECIALTY OCCUPATIONS I. H-IB (Specialist Visas) General: H visas are available to people coming temporarily to work in the United States as

More information

H-1B Temporary Workers Handbook

H-1B Temporary Workers Handbook H-1B Temporary Workers Handbook Contents H-1B Status... 1 Application Process... 2 Commencing H-1B Employment... 4 Restrictions and Portability of H-1B Employment... 5 Dependents... 6 Travel... 6 H-1B

More information

H-4 SPOUSE EMPLOYMENT

H-4 SPOUSE EMPLOYMENT H-4 SPOUSE EMPLOYMENT H-4 s are recently eligible to apply for work authorization, in certain cases The Principal H-1B spouse must: be the beneficiary of an approved I-140 Immigrant Petition (PR Classification),

More information

DEPARTMENT QUESTIONNAIRE & CHECKLIST NONIMMIGRANT VISAS H-1B E-3 O-1 TN-1 (FY 2018)

DEPARTMENT QUESTIONNAIRE & CHECKLIST NONIMMIGRANT VISAS H-1B E-3 O-1 TN-1 (FY 2018) TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER DEPARTMENT QUESTIONNAIRE & CHECKLIST NONIMMIGRANT VISAS H-1B E-3 O-1 TN-1 (FY 2018) Please return the completed forms and all supporting documents by mail or

More information

FILING AN H-1B VISA PETITION WITH

FILING AN H-1B VISA PETITION WITH FILING AN H-1B VISA PETITION WITH FOR THE EMPLOYEE ENVOY - FILING AN H-1B VISA PETITION WELCOME TO ENVOY We re glad to be your immigration partner. It s our mission to make sure that you have the most

More information

Immigration June 2013 No. 1

Immigration June 2013 No. 1 June 2013 No. 1 Immigration Policy Outlook Immigration Reform legislation was passed out of the Senate Judiciary Committee on May 21st by a bipartisan vote of 13-5. The Senators comprising the Gang of

More information

Retains the 140,000 base, but reduces (or eliminates) the green card backlog through a number of exemptions, including:

Retains the 140,000 base, but reduces (or eliminates) the green card backlog through a number of exemptions, including: * Green Card Backlog (Employment) 140,000 annual limit, which includes spouses and family members. Actual number of workers is approximately 65,000. Backlog is years for most employment-based green card

More information

The H-1B and L-1 Visa Reform Act of 2017 Section-by-Section Chart

The H-1B and L-1 Visa Reform Act of 2017 Section-by-Section Chart The H-1B and L-1 Visa Reform Act of 2017 Section-by-Section Chart Section Provisions Key Impacts on Employers Recruitment Attestation - Every H-1B employer must attest that it has offered the job to any

More information

Department Questionnaire for H-1B Temporary Worker - Specialty Occupation

Department Questionnaire for H-1B Temporary Worker - Specialty Occupation INTERNATIONAL SERVICES OFFICE UNIVERSITY OF ROCHESTER 213 Morey Hall, Box 270446, Rochester, NY 14627 Phone: +1 (585) 275-2866 Fax: +1 (585) 244-4503 Email: scholars@iso.rochester.edu Web: www.iso.rochester.edu

More information

Visa Sponsorship at CUMC

Visa Sponsorship at CUMC Visa Sponsorship at CUMC International Affairs Office Staff Kathleen McVeigh, Director kcm1@cumc.columbia.edu 212-305-8165 Bonnie Garner, Assistant Director blg12@cumc.columbia.edu 212-305-5455 Office

More information

Demystifying the H-1B Process. What Higher Education Supervisors Need to Know

Demystifying the H-1B Process. What Higher Education Supervisors Need to Know Demystifying the H-1B Process What Higher Education Supervisors Need to Know Visa vs. Status What is the difference? Visa gives a foreign national the right to request legal entry to the United States

More information

H-1B Visa. Presented by Andy Buffington of Davies Pearson, P.C. Tacoma, WA

H-1B Visa. Presented by Andy Buffington of Davies Pearson, P.C. Tacoma, WA H-1B Visa Presented by Andy Buffington of Davies Pearson, P.C. Tacoma, WA Summary of the H-1B Visa Non-immigrant (temporary) visa Six years (with certain exceptions) Professional or specialty occupation

More information

TOPIC: INTRODUCTION: DISCUSSION: Foreign Faculty in H-1B Status: Understanding the Basics

TOPIC: INTRODUCTION: DISCUSSION: Foreign Faculty in H-1B Status: Understanding the Basics Page 1 of 6 TOPIC: Foreign Faculty in H-1B Status: Understanding the Basics INTRODUCTION: Colleges and universities often hire foreign nationals to fill faculty positions. Most foreign nationals who enter

More information

Employment Options for Foreign Nationals with Non-Immigrant Visas. April, 2009

Employment Options for Foreign Nationals with Non-Immigrant Visas. April, 2009 Employment Options for Foreign Nationals with Non-Immigrant Visas April, 2009 Visas most commonly Used/Seen at UTHSC-H which allow employment with Restrictions. Type of Visa H-1B Description Temporary

More information

Report on H-1B Petitions Fiscal Year 2013 Annual Report to Congress October 1, 2012 September 30, 2013

Report on H-1B Petitions Fiscal Year 2013 Annual Report to Congress October 1, 2012 September 30, 2013 Report on H-1B Petitions Fiscal Year 2013 Annual Report Congress Ocber 1, 2012 September 30, 2013 February 25, 2014 U.S. Citizenship and Immigration Services Office of Legislative Affairs U.S. Department

More information

Immigration Options for IT Professionals

Immigration Options for IT Professionals Immigration Options for IT Professionals 21700 16030 Oxnard Ventura Street, Boulevard, Suite 860, Suite Woodland 300, Encino, Hills, CA 91436 91367 T 818.435.3500 F 818.435.3535 Info@SostrinImmigration.com

More information

H-1B Visa. Summary of the H-1B Visa. Presented by Sok-Khieng (So-Can) Lim of Davies Pearson, P.C. Tacoma, WA

H-1B Visa. Summary of the H-1B Visa. Presented by Sok-Khieng (So-Can) Lim of Davies Pearson, P.C. Tacoma, WA H-1B Visa Presented by Sok-Khieng (So-Can) Lim of Davies Pearson, P.C. Tacoma, WA Summary of the H-1B Visa Non-immigrant (temporary) visa Six years (with certain exceptions) Professional or specialty occupation

More information

H-1B REQUEST HANDBOOK

H-1B REQUEST HANDBOOK H-1B REQUEST HANDBOOK For use by in hiring foreign personnel who need H-1B Office of International Affairs E-303 Martin Hall Clemson, SC 29634-5714 TABLE OF CONTENTS Introduction...3 Glossary of Terms..3

More information

Overview of U.S. Immigration Law & Procedures for Employers

Overview of U.S. Immigration Law & Procedures for Employers Overview of U.S. Immigration Law & Procedures for Employers Ieva Aubin Associate Attorney Dorsey & Whitney LLP 1 Government Agencies Involved Department of Homeland Security (DHS) U.S. Citizenship and

More information

Sponsoring. an H-1B Visa Petition WITH VISANOW. For the Employer. fein

Sponsoring. an H-1B Visa Petition WITH VISANOW. For the Employer. fein Sponsoring an H-1B Visa Petition WITH VISANOW fein For the Employer Welcome to VISANOW We re glad to be your immigration partner. It s our mission to make sure that you have the most efficient application

More information

H-1B Attestation and PERM Labor Certification

H-1B Attestation and PERM Labor Certification H-1B Attestation and PERM Labor Certification Philip Martin: plmartin@ucdavis.edu http://migration.ucdavis.edu Three Topics 1990 H-1B Trade off: easy access and annual cap Today: raising the cap vs adding

More information

H-1B Temporary Specialty Worker Department Checklist for Extension Applications

H-1B Temporary Specialty Worker Department Checklist for Extension Applications H-1B Temporary Specialty Worker Department Checklist for Extension Applications International Faculty & Scholars Office UC San Diego Phone (858) 246-1448 Fax (858) 246-1440 ifsoh1b@ucsd.edu http://ifso.ucsd.edu

More information

H-1B PETITION CHECKLIST

H-1B PETITION CHECKLIST H-1B PETITION CHECKLIST Please bring all materials to: Tammi Johnson, Manager, International Student, Scholar & Faculty Services International Programs Office (IPO) LLC, Building #3, Ground Floor Or mail

More information

HIRING FOREIGN NATIONALS: What to Know, Whom to Contact, What to Do

HIRING FOREIGN NATIONALS: What to Know, Whom to Contact, What to Do HIRING FOREIGN NATIONALS: What to Know, Whom to Contact, What to Do As the United States Citizenship and Immigration Service (USCIS) notes on their website, Immigration Direct (http://www.immigrationdirect.com/us-visas.jsp):

More information

Office of International Affairs Clemson University. H-1B Employee Information

Office of International Affairs Clemson University. H-1B Employee Information Clemson University H-1B Employee Information Introduction H-1B Employee Information is required reading for all foreign employees who are authorized employment at Clemson University under H-1B status or

More information

H-1B Time Limitations

H-1B Time Limitations 1 H-1B Basics Employment Visa Professional Position Position must require a bachelor s degree or higher Employee must hold a bachelor s degree or higher in a related field 2 H-1B Time Limitations Generally

More information

H-1B s and Beyond. Monday, December 10, 12

H-1B s and Beyond. Monday, December 10, 12 H-1B s and Beyond Leavy, Frank & Delaney, LLC 3 Bethesda metro Center, Suite 505 Bethesda, Maryland 20814 301.656.2102 (P) 301.656.4728 (F) www.leavyfrank.com adam.frank@leavyfrank.com brendan.delaney@leavyfrank.com

More information

The H-1B Visa and You. Davenport University March 4, 2011 Susan S. Im

The H-1B Visa and You. Davenport University March 4, 2011 Susan S. Im The H-1B Visa and You Davenport University March 4, 2011 Susan S. Im H-1B Visa Basics: What is it? Most common work visa used by foreign professionals Position must require a Bachelor s degree or equivalent

More information

APPLICATION PACKET FOR H1-B (TEMPORARY WORKER)

APPLICATION PACKET FOR H1-B (TEMPORARY WORKER) APPLICATION PACKET FOR H1-B (TEMPORARY WORKER) Application Process for initial H1B s and extensions of the H1B The H-1B Temporary Worker visa allows foreign nationals to work in the United States in specialty

More information

Case 3:16-cv SI Document 1 Filed 06/02/16 Page 1 of 12 UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION.

Case 3:16-cv SI Document 1 Filed 06/02/16 Page 1 of 12 UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION. Case 3:16-cv-00995-SI Document 1 Filed 06/02/16 Page 1 of 12 UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION TENREC, INC., SERGII SINIENOK, WALKER MACY LLC, XIAOYANG ZHU, and all others

More information

H-1B STATUS AND PROCESSING FREQUENTLY ASKED QUESTIONS

H-1B STATUS AND PROCESSING FREQUENTLY ASKED QUESTIONS The H-4 FAQ begins on page 7 A1. What does the H-1B process involve? The first step in the H-1B process is the preparation and filing of a Labor Condition Application (LCA) with the U.S. Department of

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AMERICAN IMMIGRATION LAWYERS ASSOCIATION 1331 G Street, NW, Suite 300 Washington, DC 20005 v. Plaintiff, Civil Action No. UNITED STATES

More information

Work Visas and Permanent Residency Global Education Office, University of New Mexico November 11, 2016 University of New Mexico, Mitchel Hall, Room

Work Visas and Permanent Residency Global Education Office, University of New Mexico November 11, 2016 University of New Mexico, Mitchel Hall, Room Work Visas and Permanent Residency Global Education Office, University of New Mexico November 11, 2016 University of New Mexico, Mitchel Hall, Room 122 D From non-immigrant to lawful permanent resident

More information

H-1B Visa. Temporary specialty worker 6-year maximum, 3 year maximum in one petition Government Agencies involved

H-1B Visa. Temporary specialty worker 6-year maximum, 3 year maximum in one petition Government Agencies involved H-1B Visas H-1B Visa Temporary specialty worker 6-year maximum, 3 year maximum in one petition Government Agencies involved US Citizenship & Immigration Services US Department of Labor US Department of

More information

Employer's Guide: Hiring Creighton's International Students

Employer's Guide: Hiring Creighton's International Students Employer's Guide: Hiring Creighton's International Students Educating a Global Community Creighton University prides itself in educating a diverse body of students and preparing our graduates to thrive

More information

Employing Foreign Workers: What US Companies and Counsel Need to Know

Employing Foreign Workers: What US Companies and Counsel Need to Know Employing Foreign Workers: What US Companies and Counsel Need to Know Joel Pfeffer, Esq. Presented to: Association of Corporate Counsel Small Law Department Committee November 10, 2016 Status Non-Immigrant

More information

H-1B Employing Department Request Packet Staff Positions

H-1B Employing Department Request Packet Staff Positions H-1B Employing Department Request Packet Staff Positions The H-1B Request Packet is divided up into two parts; the portion that the employing department completes, and the portion that the prospective

More information

Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2003

Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2003 U.S. Department of Homeland Security Office of Immigration Statistics Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2003 Issued July 2004 Report Mandated by Public Law 105-277, Division

More information

U.S. Department of Labor

U.S. Department of Labor U.S. Department of Labor Administrative Review Board 200 Constitution Avenue, NW Washington, DC 20210 In the Matter of: ADMINISTRATOR, ARB CASE NO. 03-091 WAGE AND HOUR DIVISION, U.S. DEPARTMENT OF LABOR,

More information

Immigration Concerns When A Foreign National Is Involved With A Start-Up

Immigration Concerns When A Foreign National Is Involved With A Start-Up Immigration Concerns When A Foreign National Is Involved With A Start-Up Kevin J. Fitzgerald Foley Hoag, LLP 155 Seaport Boulevard Boston, MA 02210 617-832-1122 kfitzgerald@foleyhoag.com Presentation Title

More information

Application for H-1B Status

Application for H-1B Status Application for H-1B Status Introduction to H-1B Status The H-1B non-immigrant category is used for temporary work in a specialty occupation. A specialty occupation is an occupation that requires (A) theoretical

More information

Characteristics of Specialty Occupation Workers (H-1B): October 1999 to February 2000 U.S. Immigration and Naturalization Service June 2000

Characteristics of Specialty Occupation Workers (H-1B): October 1999 to February 2000 U.S. Immigration and Naturalization Service June 2000 Characteristics of Specialty Occupation Workers (H-1B): U.S. Immigration and Naturalization Service June 2000 This report presents information on the characteristics of specialty occupation workers who

More information

H-1B Visa. Specialty Occupation. Roles in Application. H-1B Visa Presentation to UMN International Community Spring Employer is the applicant

H-1B Visa. Specialty Occupation. Roles in Application. H-1B Visa Presentation to UMN International Community Spring Employer is the applicant H-1B Visa H-1B Visas Temporary specialty worker 6-year maximum, 3 year maximum in one petition Government Agencies involved US Citizenship & Immigration Services US Department of Labor US Department of

More information

Michelle A. White. Focus Areas. Overview. Professional and Community Affiliations. Education

Michelle A. White. Focus Areas. Overview. Professional and Community Affiliations. Education Associate Wells Fargo Center 333 SE Second Avenue, Suite 2700 Miami, FL 33131 main: (305) 400-7500 direct: (305) 400-7549 fax: (305) 603-2552 mawhite@littler.com Focus Areas Global Mobility and Immigration

More information

Employer s Guide: Hiring International Graduate Business Students

Employer s Guide: Hiring International Graduate Business Students Employer s Guide: Hiring International Graduate Business Students Why Hire an International Student The Carlson School prides itself in educating diverse populations of students from throughout the globe.

More information

H-1B Visa Process. H-1B Visa Resource Guide for Faculty

H-1B Visa Process. H-1B Visa Resource Guide for Faculty H-1B Visa Process H-1B Visa Resource Guide for Faculty ihopkins H-1B Application System H-1B Sponsorship Letter Beneficiary Statement H-1B applicant must provide Carey HR with a beneficiary statement to

More information

THE GEORGE WASHINGTON UNIVERSITY INTERNATIONAL SERVICES OFFICE

THE GEORGE WASHINGTON UNIVERSITY INTERNATIONAL SERVICES OFFICE THE EORE WASHINTON UNIVERSITY INTERNATIONAL SERVICES OFFICE H-1B DEPARTMENTAL REQUEST PACKET (Revised 2017) The W hiring department is responsible for completing the department request form, preparing

More information

H-1B Cap Completed: A Look At Employer Alternatives

H-1B Cap Completed: A Look At Employer Alternatives Portfolio Media. Inc. 111 West 19 th Street, 5th Floor New York, NY 10011 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com H-1B Cap Completed: A Look At Employer Alternatives

More information

2012 Annual Symposium

2012 Annual Symposium 2012 Annual Symposium YOUR BRIDGE TO TALENT MOBILITY A Bundle of Current Immigration Issues Affecting the Consulting Industry and their Corporate Clients 2012 Angelo A. Paparelli & Mareza Estevez Published

More information

VISAS FOR INTRA-COMPANY TRANSFEREE EMPLOYEES (L-1A VISA) Presenter: Edward C. Beshara President & Attorney at Law

VISAS FOR INTRA-COMPANY TRANSFEREE EMPLOYEES (L-1A VISA) Presenter: Edward C. Beshara President & Attorney at Law VISAS FOR INTRA-COMPANY TRANSFEREE EMPLOYEES (L-1A VISA) Presenter: Edward C. Beshara President & Attorney at Law Index Topic Slide # Presentation Title..... 1 Index....... 2-3 Introduction...4-6 Legal

More information

April 2008 IMMIGRATION ALERT:

April 2008 IMMIGRATION ALERT: April 2008 IMMIGRATION ALERT: Hector Chichoni Joins Epstein Becker & Green Miami Office USCIS Runs Random Selection Process for H-1B Petitions USCIS Announces Cap Gap Relief for F-1 Students Selected for

More information

H-1B PETITIONS FOR FACULTY APPOINTMENTS:

H-1B PETITIONS FOR FACULTY APPOINTMENTS: H-1B PETITIONS FOR FACULTY APPOINTMENTS: INTRODUCTION TO THE FORMS AND UNIVERSITY PROCEDURES What is an H-1B Petition? H-1B is a nonimmigrant status that permits professional employment. The employer must

More information

the Comprehensive Guide to H-1B Visa Alternatives

the Comprehensive Guide to H-1B Visa Alternatives the Comprehensive Guide to H-1B Visa Alternatives Introduction Year after year, employers and employees alike cross their fingers and hold out hope when the H-1B cap opens in April. The H-1B visa is the

More information

Child Status Protection Act: ALDAC 2

Child Status Protection Act: ALDAC 2 Child Status Protection Act: ALDAC 2 1 of 9 3/12/2009 3:31 PM Child Status Protection Act: ALDAC 2 R 170109Z JAN 03 FM SECSTATE WASHDC TO ALL DIPLOMATIC AND CONSULAR POSTS SPECIAL EMBASSY PROGRAM AMEMBASSY

More information

In the United States District Court for the District of Columbia

In the United States District Court for the District of Columbia Case 1:15-cv-00615 Document 1 Filed 04/23/15 Page 1 of 12 In the United States District Court for the District of Columbia Save Jobs USA 31300 Arabasca Circle Temecula CA 92592 Plaintiff, v. U.S. Dep t

More information

Veterans and Eligible Spouse Priority of Service. Purpose: References: Policy Policy Title: Veteran s and Eligible Spouse Priority of Service

Veterans and Eligible Spouse Priority of Service. Purpose: References: Policy Policy Title: Veteran s and Eligible Spouse Priority of Service Policy Title: Veteran s and Eligible Spouse Priority of Service Policy 00-36 Veterans and Eligible Spouse Priority of Service Purpose: The purpose of this policy is to communicate guidance on federal regulations

More information

H-1B Visa Training. Human Resources & Office of International Students & Scholars January 29, 2014

H-1B Visa Training. Human Resources & Office of International Students & Scholars January 29, 2014 H-1B Visa Training Human Resources & Office of International Students & Scholars January 29, 2014 H-1B Visa Work visa that allows employers to temporarily hire foreign nationals in a specialty occupation

More information

Work Authorization for Foreign National Employees

Work Authorization for Foreign National Employees Work Authorization for Foreign National Employees Office of General Counsel Michele Ballantyne, Associate General Counsel Michele.ballantyne@legal.utah.edu Katie Carreau, Associate General Counsel Katie.carreau@legal.utah.edu

More information

The H-1B Visa cap will open on April 1 and U.S. Citizenship and Immigration Services (USCIS) will stop accepting petitions after April 7.

The H-1B Visa cap will open on April 1 and U.S. Citizenship and Immigration Services (USCIS) will stop accepting petitions after April 7. H-1B Visa Roadmap The Complete 5-Step Guide The H-1B Visa cap will open on April 1 and U.S. Citizenship and Immigration Services (USCIS) will stop accepting petitions after April 7. Don t be left out.

More information

April 10, :00pm (ET) Our thanks to today s sponsor: TRC Global Mobility

April 10, :00pm (ET) Our thanks to today s sponsor: TRC Global Mobility April 10, 2018 2:00pm (ET) Our thanks to today s sponsor: TRC Global Mobility U.S. Immigration Law: Where Are We Now and What s to Come? WORLDWIDE ERC WEBINAR DISCLAIMER The views, opinions, and information

More information

H1 B Checklist for Prospective Employees. Family: First: Middle: Yes: (please complete Section B) No: Date of Birth: Month: Day: Year: Birthplace:

H1 B Checklist for Prospective Employees. Family: First: Middle: Yes: (please complete Section B) No: Date of Birth: Month: Day: Year: Birthplace: SECTION A. About the Employee and Position at UCI Name: Family: First: Middle: Gender: Male: Female: Do you have any dependents? Yes: (please complete Section B) Date of Birth: Birthplace: City: Province:

More information

N A T I O N A L F O U N D A T I O N F O R A M E R I C A N P O L I C Y

N A T I O N A L F O U N D A T I O N F O R A M E R I C A N P O L I C Y N F A P P O L I C Y B R I E F» S E P T E M B E R 2 0 1 2 D O L T H R E A T E N S P E R S O N A L A N D C O M M E R C I A L P R I V A C Y I N P R O P O S A L D I R E C T E D A G A I N S T S K I L L E D

More information

N F A P P O L I C Y B R I E F» J U N E

N F A P P O L I C Y B R I E F» J U N E N F A P P O L I C Y B R I E F» J U N E 2 0 1 4 H O U S E A N D S E N A T E L E G I S L A T I O N O N H I G H S K I L L I M M I G R A T I O N EXECUTIVE SUMMARY If Congress takes up immigration reform legislation

More information

LOS ANGELES COMMMUNITY COLLEGE DISTRICT SUPPLEMENTAL RESIDENCY QUESTIONNAIRE

LOS ANGELES COMMMUNITY COLLEGE DISTRICT SUPPLEMENTAL RESIDENCY QUESTIONNAIRE LOS ANGELES COMMMUNITY COLLEGE DISTRICT SUPPLEMENTAL RESIDENCY QUESTIONNAIRE Reclassification requested for: Winter Spring Summer Fall Year: Student Name: Student ID#: Phone Number: Birthdate: Age: E-mail:

More information

Employment Options and Guidelines for Hiring Foreign Employees. MOTT Center Wayne State University March 23, 2010

Employment Options and Guidelines for Hiring Foreign Employees. MOTT Center Wayne State University March 23, 2010 Employment Options and Guidelines for Hiring Foreign Employees MOTT Center Wayne State University March 23, 2010 Agenda 19 Questions (how to find the right match) Overview of common scholar statuses Some

More information

H-1B Employee Orientation

H-1B Employee Orientation H-1B Employee Orientation Dan Ashton, Associate Director Melissa Fox, International Scholar and Employee Adviser Reshecoa Flanders, Employee Services Assistant Office of International Affairs Internationalaffairs.uchicago.edu

More information

Regular & STEM OPT Workshop

Regular & STEM OPT Workshop Regular & STEM OPT Workshop Optional Practical Training Regular OPT is temporary employment authorized by USCIS for 12 months and must be directly related to a student s major. It gives students a chance

More information

Hiring International Faculty and Researchers. Overview. What do we do at SISS?

Hiring International Faculty and Researchers. Overview. What do we do at SISS? Hiring International Faculty and Researchers Margaret Hellwarth Assistant Director Services for International Students and Scholars February 20, 2013 Overview What We Do at SISS Maintaining Good Communication

More information

istart Manual: J-1 Extension

istart Manual: J-1 Extension istart Manual: J-1 Extension Revised July 2013 What is istart? istart is a web browser based interface that allows users to electronically submit data to the International Students & Scholars Office s

More information

HEALTH SCIENCES CENTER FACULTY CONTRACTS OFFICE. HSC Administrators Meeting February 8, :30 10:00

HEALTH SCIENCES CENTER FACULTY CONTRACTS OFFICE. HSC Administrators Meeting February 8, :30 10:00 HEALTH SCIENCES CENTER FACULTY CONTRACTS OFFICE HSC Administrators Meeting February 8, 2012 8:30 10:00 Agenda The In s and Out s of Hiring Foreign Nationals at UNM Kevin Gick, Assistant University Counsel

More information

Post-Completion Optional Practical Training (OPT)

Post-Completion Optional Practical Training (OPT) Post-Completion Optional Practical Training (OPT) What is OPT? OPT is a temporary employment authorization allowing 12 months of full-time work authorization related to a student s academic program. A

More information

DOD INSTRUCTION , VOLUME 543 DOD CIVILIAN PERSONNEL MANAGEMENT SYSTEM: DOD CIVILIAN PHYSICIANS AND DENTISTS PAY PLAN (PDPP)

DOD INSTRUCTION , VOLUME 543 DOD CIVILIAN PERSONNEL MANAGEMENT SYSTEM: DOD CIVILIAN PHYSICIANS AND DENTISTS PAY PLAN (PDPP) DOD INSTRUCTION 1400.25, VOLUME 543 DOD CIVILIAN PERSONNEL MANAGEMENT SYSTEM: DOD CIVILIAN PHYSICIANS AND DENTISTS PAY PLAN (PDPP) Originating Component: Office of the Under Secretary of Defense for Personnel

More information

Backgrounder. The Bottom of the Pay Scale Wages for H-1B Computer Programmers

Backgrounder. The Bottom of the Pay Scale Wages for H-1B Computer Programmers Backgrounder Center for Immigration Studies December 2005 The Bottom of the Pay Scale Wages for H-1B Computer Programmers By John Miano Executive Summary The temporary visa program known as H-1B enables

More information

New USCIS Policy Clips Entrepreneurs, Consultants and Staffing Firms. By Angelo A. Paparelli and Ted J. Chiappari*

New USCIS Policy Clips Entrepreneurs, Consultants and Staffing Firms. By Angelo A. Paparelli and Ted J. Chiappari* New USCIS Policy Clips Entrepreneurs, Consultants and Staffing Firms By Angelo A. Paparelli and Ted J. Chiappari* In the recovering but still feeble U.S. economy, a few bright lights shine as beacons of

More information

U.S. Department of Labor

U.S. Department of Labor U.S. Department of Labor Office of Administrative Law Judges 90 Seventh Street, Suite 4-800 San Francisco, CA 94103 (415) 625-2200 (415) 625-2201 (FAX) Issue Date: 26 April 2007 CASE NO: 2006-LCA-0026

More information

75th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 2933 SUMMARY

75th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 2933 SUMMARY Sponsored by Representative SHIELDS th OREGON LEGISLATIVE ASSEMBLY--00 Regular Session House Bill SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body

More information

The care of your newborn child, or the placement of a child with you for adoption or foster care; or

The care of your newborn child, or the placement of a child with you for adoption or foster care; or Date: Dear Employee: We have been notified of your request to take a leave of absence (LOA) for: A serious health condition (including incapacity due to pregnancy) that makes you unable to perform the

More information

IMMIGRATION COMPLIANCE LIABILITY IN THE TRUMP ERA STRATEGIES TO IDENTIFY AND MITIGATE RISK

IMMIGRATION COMPLIANCE LIABILITY IN THE TRUMP ERA STRATEGIES TO IDENTIFY AND MITIGATE RISK IMMIGRATION COMPLIANCE LIABILITY IN THE TRUMP ERA STRATEGIES TO IDENTIFY AND MITIGATE RISK FEBRUARY 8, 2018 WITH YOU TODAY Insert picture Insert picture Insert picture JACQUENETTE HELMES Vice President

More information

DECEMBER 2015 MONTHLY VISA PRESENTATION

DECEMBER 2015 MONTHLY VISA PRESENTATION DECEMBER 2015 MONTHLY VISA PRESENTATION 1. QUESTIONS 2. VISA UPDATES 3. OVERVIEW OF CONRAD 30, LPR, AND H-1B QUESTIONS FROM ATTENDEES VISA UPDATES CALIFORNIA SERVICE CENTER PROCESSING TIMES (FOR H-1B VISAS)

More information

78th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 2087

78th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 2087 th OREGON LEGISLATIVE ASSEMBLY-- Regular Session House Bill Introduced and printed pursuant to House Rule.00. Presession filed (at the request of House Interim Committee on Revenue) SUMMARY The following

More information

Prospective Conrad State 30 J-1 Visa Waiver Physician Employers/Sponsors. Director, Mississippi Office of Rural Health and Primary Care

Prospective Conrad State 30 J-1 Visa Waiver Physician Employers/Sponsors. Director, Mississippi Office of Rural Health and Primary Care TO: FROM: RE: Prospective Conrad State 30 J-1 Visa Waiver Physician Employers/Sponsors Director, Mississippi Office of Rural Health and Primary Care Mississippi Conrad State 30 J-1 Visa Waiver Program

More information

!! PLEASE WRITE VERY CLEARLY TO AVOID PROCESSING DELAYS!!

!! PLEASE WRITE VERY CLEARLY TO AVOID PROCESSING DELAYS!! International Student Financial Verification Form International Programs (IP) at Clayton State University requires each international applicant to document their ability to fund the first full year of

More information

N A T I O N A L F O U N D A T I O N F O R A M E R I C A N P O L I C Y

N A T I O N A L F O U N D A T I O N F O R A M E R I C A N P O L I C Y N F A P P O L I C Y B R I E F» F NOVEMBER E 2 0 1 1 L - 1 V I S A A P P R O V A L S D E C L I N E S I G N I F I C A N T L Y A T U. S. P O S T S I N I N D I A I N 2 0 1 1 The number of L-1 visas issued

More information

THE LATEST UPDATES ON H-1B VISA SPONSORSHIP

THE LATEST UPDATES ON H-1B VISA SPONSORSHIP THE LATEST UPDATES ON H-1B VISA SPONSORSHIP 72 ASSOCIATION OF CORPORATE COUNSEL CHEAT SHEET AC-21 rule. The AC-21 rule took effect in 2017 and clarified how to recruit H-1B professionals, renew H-1B work

More information

October 12 th, pm (ET)

October 12 th, pm (ET) October 12 th, 2017 2pm (ET) Worldwide ERC would like to thank today s sponsor: 2017 Worldwide ERC Grabbing Visas, Compelling Compliance and EO Fake News: US Business Immigration Under the Trump Administration

More information

IMMIGRATION ALERT MANAGING THE H-1B CAP

IMMIGRATION ALERT MANAGING THE H-1B CAP IMMIGRATION ALERT MANAGING THE H-1B CAP On February 17, 2004, the "H-1B Cap" for fiscal year 2004 was reached. This prevents employers from sponsoring foreign nationals for new H-1B visa status until the

More information

Introduction. Questions & Answers

Introduction. Questions & Answers Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations Questions and Answers Introduction These Questions & Answers address

More information

INTERNATIONAL STUDENT CERTIFICATION OF FINANCES

INTERNATIONAL STUDENT CERTIFICATION OF FINANCES INTERNATIONAL STUDENT CERTIFICATION OF FINANCES 2018-19 The purpose of the Certification of Finances is to help colleges and universities obtain complete and accurate information about the funds available

More information

Top 12 Immigration Mistakes Employers Made in Presented by: Shanon R. Stevenson Phone: (404)

Top 12 Immigration Mistakes Employers Made in Presented by: Shanon R. Stevenson Phone: (404) Top 12 Immigration Mistakes Employers Made in 2012 Presented by: Shanon R. Stevenson Phone: (404) 231-1400 Email: sstevenson@laborlawyers.com H-1B VISAS Job Must Require for Entry: Bachelor s degree (or

More information

Peter F. Asaad, Attorney At Law Immigration Solutions Group, PLLC. Wednesday, June 3, 2009

Peter F. Asaad, Attorney At Law Immigration Solutions Group, PLLC. Wednesday, June 3, 2009 Peter F. Asaad, Attorney At Law Immigration Solutions Group, PLLC Wednesday, June 3, 2009 The National Academies Keck Center, 500 Fifth Street, NW, Washington, DC 20001 Keck 100 Every year thousands of

More information

International Innovators

International Innovators International Innovators FREQUENTLY ASKED QUESTIONS What is IN2NYC? What are the goals of IN2NYC? How does IN2NYC help entrepreneurs? How does IN2NYC help New Yorkers? Who is eligible to participate in

More information

NATIONAL SECURITY EDUCATION PROGRAM DAVID L. BOREN FELLOWSHIP TERMS AND CONDITIONS

NATIONAL SECURITY EDUCATION PROGRAM DAVID L. BOREN FELLOWSHIP TERMS AND CONDITIONS NATIONAL SECURITY EDUCATION PROGRAM DAVID L. BOREN FELLOWSHIP TERMS AND CONDITIONS I agree that in accepting the National Security Education Program (NSEP) David L. Boren Fellowship I will comply with

More information

U.S. Department of Labor

U.S. Department of Labor U.S. Department of Labor Office of Administrative Law Judges 2 Executive Campus, Suite 450 Cherry Hill, NJ 08002 (856) 486-3800 (856) 486-3806 (FAX) CASE NO.: 2003-LCA-00029 Issue Date: 23 December 2003

More information

U.S. Department of Labor 04 NCAC 20B. N. C. Department of Commerce Division of Workforce Solutions

U.S. Department of Labor 04 NCAC 20B. N. C. Department of Commerce Division of Workforce Solutions APRIL 2013 17.245 TRADE ADJUSTMENT ASSISTANCE State Project/Program: TRADE ADJUSTMENT ASSISTANCE U.S. Department of Labor Federal Authorization: Trade Act of 1974, as amended, Title II, Public Law 93-618,

More information

SELECTIVE SERVICE REGISTRATION POLICY

SELECTIVE SERVICE REGISTRATION POLICY SELECTIVE SERVICE REGISTRATION POLICY EDD Revision Date: 8/28/01; 8/28/12; 8/24/15; 11/3/15 WDB Review Date: 3/22/07; 9/17/15; 12/17/15, 12/15/16; 11/9/17 EXECUTIVE SUMMARY: Purpose: This document establishes

More information

COMMONLY USED NON-IMMIGRANT VISAS By: Laura Foote Reiff

COMMONLY USED NON-IMMIGRANT VISAS By: Laura Foote Reiff COMMONLY USED NON-IMMIGRANT VISAS By: Laura Foote Reiff INTRODUCTION This memorandum is provided to assist with an understanding of the appropriate U.S. visa categories and procedures for its employees

More information

Work Visa and Green Card Options

Work Visa and Green Card Options Work Visa and Green Card Options David E. Gluckman, Esquire Jonathan L. Moore, Esquire Phone: (804) 775-3826 Phone: (804) 775-7227 Email: dgluckman@lawmh.com Email: jmoore@lawmh.com McCandlish Holton,

More information