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Immigration Attorneys
Carl Shusterman
Raj Iyer
Immigration 101: H-1B Visas
Requirements for H-1B Status
Job Must Require 4-Year Degree
Applicant Must Possess Such a Degree Or Equivalent Experience
Prevailing Wage Requirement
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
When to Apply for Cap-Subject H-1Bs
Starting April 1st Each Year
For Employment Starting on October 1st
Cap-Exempt H-1B Visa Employers
Working “at” Universities
“Related” or “Affiliated” Non-Profit Entities
Non-Profit Research Organizations
Government Research Organizations
Cap-Exempt Persons
Most Physicians With J Waivers
H-1B Workers Seeking Extension of Status
H-1B Workers Seeking Change of Employers
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
How to I-9 New H-1B Employees
List A Documents:
Beneficiary’s Foreign Passport
H-1B Approval
I-94
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: ReverifyEmployee’s Employment Authorization in Section 3
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 Employee’s Previous I-94 and Passport, Write “AC 21” and Date Form I-129 was Submitted to USCIS in Margin
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
“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
Alternatives to H-1B Visas
TNs for Canadians & Mexicans
E-3 Visas for Australians
L-1B, J-1, H-3, etc.
Questions?
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