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H-1B Visas: Proving You Case in 2013

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With changing government rules and requirements, winning an H-1B visa approval is still harder than ever. This webinar offers critical information that employers and their sponsored employees now need to prove their qualifications for an H-1B visa. Attend this tutorial to help you gather and present the proof necessary for the best chance of approval. Whether you are a sponsoring employer or sponsored employee, now is the time to learn the tips and tools to navigate the H-1B process smoothly.
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  • 1. Badmus Law Firm, PLLC February 21, 2013
  • 2. Audio InstructionsCall 213-416-1560 Access Code 794 837 770
  • 3. • Ask Questions Anytime? • Use your Q&A pane at the bottom of your screen to type and send? your questions. • Questions will be answered during the presentation and? during the Q & A session.
  • 4. PresentersAngela M. Lopez Ann M. Badmus Thu Nguyen
  • 5. H-1B Visa Overview
  • 6. H-1B NonimmigrantVisasA nonimmigrant (temporary) visa thatallows a non-citizen to be employedin the United States for up to 6 yearsin a “specialty occupation” for aspecific petitioning employer.
  • 7. What is a Specialty Occupation? An occupation that requires highly skilled specialized knowledge and A bachelor’s or higher degree (or its equivalent) in the specific specialty as a minimum for entry into the occupation
  • 8. Employee QualificationsHave completed a U.S. bachelor’s orhigher degree (or its foreign equivalent)orHave education, training, or experiencein the specialty equivalent to thecompletion of such degree (3:1 rule)andPossess full state licensure if requiredto practice in the state of employment
  • 9. H-1B NumericalLimitationsQuota of 65,000 new H-1B visas per fiscalyear (except Free Trade Act (FTA) nationals)20,000 per fiscal year for persons who holdUS Master’s degrees or higherApplies to first-time H-1B or previously cap-exempt H-1B employees
  • 10. Fiscal Year H1B Cap Reached Date2004 October 1, 20032005 October 1, 20042006 August 10, 20052007 May 26, 20062008 April 3, 20072009 April 7, 20082010 December 21, 20092011 January 26, 20112012 November 22, 20112013 June 11, 2012
  • 11. H-1B Cap Exemption Employers Employment Physicians• Universities/Colleges • For profit employment • Physicians who• Non-profit affiliates of at universities or their received government- universities/colleges non-profit affiliated sponsored J-1• Government or non- facilities waivers of two year profit research home residency facilities requirement
  • 12. Proving Your Case
  • 13. 1 • Specialty Occupation2 • Employee Qualifications3 • Employer-Employee Relationship4 • Valid Job Offer5 • H-1B Cap-Exemption
  • 14. Proof of Specialty OccupationDetailed Job DescriptionDaily duties and percentagesof time spent on dutiesSimilar positions in theindustry or in your business
  • 15. Proof of Specialty OccupationOrganizational chart with jobdescriptions of other positionsExpert opinions and reportsProfessional associations
  • 16. Proof of Employee Qualifications Diplomas and Degrees Employment Experience Letters Credential Evaluation or Expert Opinion Professional License, if applicable
  • 17. Employer- EmployeeRelationship Employment Contract/Offer Letter Employee Manual/Benefits Summary Performance Review Client Contracts/Work Orders Pay Records/W-2/Work Schedule
  • 18. H-1B for the Self-Employed Employer-Employee Relationship Company Structure – Corporation/LLC Board of Directors - hire, fire, or otherwise control owner Specialty occupation applies
  • 19. Proving Valid Job Offer andPosition Federal Tax Returns Unemployment Tax Reports Organizational Charts Payroll Records Company History
  • 20. Proving H-1B Cap-Exemption Non-Profit & Third-Party Higher Ed Affiliated Employment w/Higher Ed Agreement with 501(c)(3) Public or Non- Higher Ed or exemption profit Non-Profit letter Affiliate Org Associate Agreement with Supporting degree or Higher Ed, e.g. Letter from higher Clinical Training Exempt Facility Supporting Educational or Proof of letter from non-profit Accreditation Higher Ed purpose
  • 21. Proving H-1B Cap-ExemptionAs of March 2011, USCIS will defer to previous determinationsof cap exemption if employer provides:A copy of the previously approved cap-exempt petition(relevant pages of the Form I-129 and pertinent supplements);A copy of the Form I-797 approval notice (issued after June6, 2006) for the affiliation-based cap exempt petition; orDocumentation previously submitted with a petition in supportof the claimed cap exemption.
  • 22. Post-Approval Alerts
  • 23. International TravelVisa Processing at U.S. Embassy(www.usembassy.gov)Administrative Processing DelaysPetition Returns
  • 24. USCIS Compliance Review Unannounced Random Employer Site Selection Visit Email InternetDemands for DiscussionDocuments Boards
  • 25. Preparing for a USCIS Site Visit Take these steps immediately after the approval of yourStep 1 Step 2 H-1B petition to• Review the H-1B • Prepare prepare for a petition compliance evidence file for surprise site visit inspector from the USCIS.Step 3 Step 4• Identify company • Establish site visit representatives procedures for who will meet with reception, clients, a auditors nd H-1B employee
  • 26. Negative Information Review Revocation Previously ofDenial of Approved PreviouslyPending Petition ApprovedPetition • Additional Petition Proof • Criminal • Further Penalties Inspection • Civil Fines
  • 27. Questions? Comments? Badmus Law Firm, PLLC 11325 Pegasus Street Suite S-215 Dallas, Texas 75238 469-916-7900 Telephone 469-916-7901 Facsimile immigration@badmuslaw.com www.badmuslaw.com
  • 28. Legal Notice • Facts of individual situations differ. • The information provided here is general in nature and should not be relied upon for specific situations. • Consult with an experienced immigration attorney to ensure compliance
  • 29. You are invited to contact us for your immigration matters Badmus Law Firm, PLLC 11325 Pegasus Street, Suite S- 215 Dallas, Texas 75238 469-916-7900 Telephone 469-916-7901 Facsimile immigration@badmuslaw.com www.badmuslaw.com
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