Immigration 101: H-1B Visas

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Immigration 101 H-1B Visas

• Immigration Attorneys
• Carl Shusterman
• Raj Iyer

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Requirements for H-1B Status

• Job Must Require 4-Year Degree
• Applicant Must Possess Such a Degree Or
  Equivalent Experience
• Prevailing Wage Requirement

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Cap-Subject H-1B Visas

• General Cap 65,000 per Year
• Advanced Degree Cap - 20,000 per Year
• 6,800 H-1B Visas for Chile Singapore

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When to Apply for Cap-Subject H-1Bs

• Starting April 1st Each Year
• For Employment Starting on October 1st

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Cap-Exempt H-1B Visa Employers

• Working at Universities
• Related or Affiliated Non-Profit
  Entities
• Non-Profit Research Organizations
• Government Research Organizations

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Cap-Exempt Persons

• Most Physicians With J Waivers
• H-1B Workers Seeking Extension of Status
• H-1B Workers Seeking Change of Employers

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Procedure for Obtaining H-1B Status

• Labor Condition Application (LCA)
• Credentials Evaluation
• Form I-129 Petition and Fees
• Change of Status in U.S. or Obtain H-1B Visa
  Abroad

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How to I-9 New H-1B Employees

• List A Documents
• Beneficiarys Foreign Passport
• H-1B Approval
• I-94

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I-9 for H-1B Continuing Employment

• Submit Extension Petition to USCIS before H-1B
  Expires
• Write 240 days Extn. and Date Form I-129 was
  Submitted to USCIS in Margin of Form I-9 Next to
  Section 2
• Upon Approval Reverify Employees Employment
  Authorization in Section 3

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I-9 for H-1B Change of Employer (Porting)

• AC 21 H-1B Employee Changing Employers can Work
  for New Employer once H-1B Filed
• I-9  Use  Employees Previous  I-94 and
  Passport, Write AC 21 and Date Form I-129 was
  Submitted to USCIS in Margin

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F-1 Students with OPT

• F-1 Students with OPT can Continue to Work after
  H-1B Petition Filed if OPT was Valid at Time of
  Filing
• Period of Employment is Automatically Extended
  until September 30

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Cap Gap H-1B filing

• If OPT was Not Valid at Time of H-1B Filing, F-1
  Students can Continue to Stay in U.S. if H-1B
  Petition was Filed within 60 Day Grace Period
  after OPT Expiry

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Alternatives to H-1B Visas

• TNs for Canadians Mexicans
• E-3 Visas for Australians
• L-1B, J-1, H-3, etc.

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Questions?