HOW TO SECURE YOUR H-1B VISA: A PRACTICAL GUIDE FOR by James A. Bach, Robert G. Werner
By James A. Bach, Robert G. Werner
The H-1B visa is the gateway for the world's top and brightest to reside and paintings within the usa because it execs, engineers, scientists, professors, medical professionals, nurses, and researchers. How to safe Your H‑1B Visa courses staff and employers alike throughout the maze of H-1B legislation, guidelines, and techniques. This highway map lays out the total H-1B strategy from petition to visa to prestige upkeep to visa extension and, finally, to everlasting place of dwelling within the US for you and your loved ones. It indicates you step-by-step precisely how the H-1B approach divides up among the agency and worker. It identifies the issues the place the 2 tracks converge and the H-1B organisation and worker have to pull in tandem.
Navigation icons let you know at a look no matter if a subject matter matters staff and employers both or basically one or the opposite. Sidebars spotlight pitfalls, liabilities, and mess ups to prevent; tips and exceptions to leverage for fulfillment; administrative and enforcement tendencies and late-breaking alterations; and specified stipulations that observe to nationals of specific nations, akin to India and China. Ancillary chapters hide complementary visas for relations and H-1B alternative visas for execs with specific ability units or from specific nations, resembling Australia and Canada.
The authors are Silicon Valley immigration legal professionals with 60 years mixed event dealing with expert paintings visas. no matter if you're a world expert intending to paintings within the US for the 1st time, a global pupil within the US wishing to stay after commencement, or a hiring supervisor or HR professional for a sponsoring entity, this brief publication will allow you to safe, hold, and leverage your H-1B visa and solution your entire questions about:
- quotas and exemptions
- RFEs and consular interviews
- dual illustration through the employer's legal professional
- LCA compliance, auditing, and consequences
- serial H-1B employers
- termination and benching rules
- reconciling submitting closing dates with expiration dates
- transitioning from educational to affiliated to non-public H-1B employment
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Extra resources for HOW TO SECURE YOUR H-1B VISA: A PRACTICAL GUIDE FOR INTERNATIONAL PROFESSIONALS AND THEIR US EMPLOYERS
The documents that establish the Prevailing Wage (discussed in more detail in Chapter 8). Those documents typically will consist of a salary survey or a salary determination from the state job office, and a memo or chart that demonstrates why the salary chosen is appropriate for the job. 3. The two LCA notices (with a notation as to the locations and dates of posting). 4. The Actual Wage Memorandum. 53 54 Chapter 6 | Employer Inputs to the H-1B Process The LCA file must be kept for the entire period that the employee is in H-1B status, plus one additional year.
Returning to the example of the Computer Support Specialist (an occupation for which some jobs require a degree and some do not), salary is likely to have a major impact on whether the petition will be approved. A salary of $50,000 per year would probably exceed the Prevailing Wage required by the DOL for a Computer Support Specialist. However, that salary probably would lead USCIS to conclude that the job does not require a person with a specialty degree. On the other hand, a salary of $100,000 would be a simple and eloquent way to communicate the idea that the job involves exceptional complexity and requires a professional computer engineer.
After three years). Arguably, it is the second extension, because the first petition requested extension of the H-1B status of a person who was already in H-1B status. Apparently, USCIS does not agree with this interpretation, even though it follows a plain reading of the regulation, and even though USCIS has never issued an additional regulation or memo to clarify its policy. It seems to be the view of many USCIS employees that each employer must pay the training fee twice (with the first two H-1B petitions submitted for each employee) regardless of whether the employee was already in H-1B status (in which case we think the employer’s first H-1B petition reasonably can be regarded as an extension).