A presentation from David Wolfe Leopold about Immigration basics and practical steps towards hiring international talent

1. Cleveland SHRM
Immigration Basics: What Strategic HR
Professionals Should Know

2. Optional Practical Training
 What is OPT?
 12 months post graduation; no H1B required
 Post Completion of University
 DSO endorses I-20
 Student files I-765
 Student works after approval of I-765
2

3. Optional Practical Training
 Certain students can receive 17 month
extension beyond their 12 month OPT = 29
months
 F-1 Students who
 Receive STEM degrees included on STEM
designated Degree Program List
 Employed by E-verify enrolled users
3

4. H-1B
4

5. H-1 B
Option for filing:
 Legal expertise is required?
 Contact an immigration attorney
5

6. H-1B
 Specialty Occupation
 Theoretical and practical application of body of
highly specialized knowledge
 MBA, Engineers, Researchers, Accountants,
Computer Techs, other professional positions
 3 year periods of stay
 6 year maximum
6

7. Legal Requirements: What do Employers
need to do?
 Preparing the petition
 Job description
 Resume and degrees
 Labor Condition Application
 Prevailing/actual wage
 Public file
7

8. LCA Requirement
 Employer attests to four (4) Labor Condition Statements:
 Wages
 higher of the actual wage or the prevailing wage
 pay the fee the required wage for time in nonproductive status
 Ee offered benefits and eligibility for benefits on the same basis as
U.S. workers
 Working Conditions
 No adverse effect
 EE afforded working conditions on the same basis as similarly
employed U.S. workers
 Strike, Lockout, or Work Stoppage
 No strike, lockout, or work stoppage in the course of a labor dispute
on the day the LCA is signed and submitted
 If strike, lockout, or work stoppage occurs after the application is
submitted, employer will notify the DOL within three (3) days and
LCA will not be used in support of H-1B until DOL determines that the
strike, lockout or work stoppage has ceased.
8

9. LCA Requirement
 Notice
 Notice of LCA has been provided to workers
employed in the named occupation.
 Notice provided either through
 physical posting for 10 consecutive business days in a
least two (2) locations where H-1B ee will work or
 electronic notification
 notice must commence prior to filing the LCA with the
DOL
9

10. Public File
 Certified LCA and Cover Pages
 Wage Rate Statement
 Actual Wage
 payroll records need not be maintained in the
public file, but must be retained and made
available to the DOL upon request
10

11. Public File
 Prevailing Wage Determination
 Posted LCA Notices
 Acknowledgment of Receipt of LCA
 Benefits Summary
11

12. Extension of Stay
 Has ee reached the maximum of 6 years
 Include all period in H-1B
classification, including periods before
employment with new employer
 Once 6 years reached, ee must spend 1 year
abroad before s/he is eligible for H-1B
classification, unless the company has
applied for the employee’s green card
12

13. Recapture of H-1B Time
 Time spent outside the U.S. does not count
toward the 6 year limit on stay
 Time spent abroad may be for any purpose
(i.e. personal or professional)
 Time spent abroad may be “recaptured” later
to extend the stay in H-1B classification.
13

14. Extensions Beyond 6 Years
 Individuals not subject to 6 year limit if:
 Work in US on intermittent basis for less than 6
months per year
 Commute to U.S. and work in U.S. on intermittent
basis
14

15. Extensions Beyond 6 Years—AC21
 Two situations
 Immigrant visa category is backlogged and
Approved I-140 immigrant petition
 3 year extension available
 More than 1 extension permitted
 365 days or more have passed since the filing of a
labor certification or I-140 immigrant petition
 1 year extension available
 More than 1 extension permitted
 If LC or Immigrant Petition denied or
invalidated, no extension
15

16. H-1B Portability
 H-1B employee may begin employment for a
new employer upon the filing of a petition
 Requires:
 H-1B status
 Lawful admittance
 Engagement solely in authorized employment
 Non frivolous petition
16

17. Green Card
17

18. Green Card
 How do you know that the Green Card is
authentic?
18

19. The Green Card Process: 3 Basic
Steps
 Labor Certification
 I-140 Immigrant Visa Petition
 I-485 Application to Adjust Status
19

20. Labor Certification
 Not sufficient US workers who are
 Able
 Willing
 Qualified and
 Available
 And
20

21. Labor Certification
 Employment of alien will not adversely affect the
wages and working conditions of workers similarly
employed
21

22. The Labor Certification Process
 Application submitted to US Department of
Labor
 Minimum requirements listed by ee
 Prevailing wage
22

23. Final Steps
 I-140 Immigrant Petition
 I-485 Adjustment of Status (Green Card
Application)
23