Myconsoft H1b Training

H-1B VISA WORKSHOPS
Mycon Information systems, Inc Mycon LLC ww.myconsoft.com Contact: Andy Neil 508-251-7097
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Introduction to H-1B Visas
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Introduction to H-1B Visas

Overview
Provide overview of visa types & eligibility criteria Explain basics of H-1B visas Discuss role of HR and other agencies involved Outline UT process for initiating and processing H-1B visa applications
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Visa many different types

J-1 Students or Visitors (watch residency requirement) OPT Optional Practical Training (1 yr max post grad) H1B Working Visa (6 yr max for all employers combined) PERM - PR or green card (lifetime renewable, must renew timely!) Travel While awaiting PERM Entry I-94 on passport entry to USA (can
and often does expire before end of H1B period)
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OPT Optional Practical Training

12 Month Duration Provides opportunity for postgraduation training Flexible not tied to one employer Can be used to extend time on H1B Inexpensive
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TN Visa Description
Based on NAFTA agreements Mexican and Canadian citizens in specified occupations, holding at east a bachelors degree can work for American employers for one year Unlimited one year extensions
Should not have intention of staying permanently in US cannot apply for PERM from this category
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TN Visas Requirements
Proof of citizenship Employer statements of required qualifications for the position bachelors degree or above Evidence of applicants qualifications
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H-1B Visa Description

A nonimmigrant Visa that allows a non-citizen to be employed in the United States for up to a MAX of 6 years in a specialty occupation Note alien may work for multiple employers during 6 years; therefore you must ask regarding prior H1B periods prior to offer of employment (e.g. person in 5th year)
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H-1B Visa Basic Requirements

1. Job must require an advanced degree 2. Beneficiary must have at least the relevant Bachelors degree or equivalent 3. Employer must pay the prevailing wage as determined by DOL
check with HR in advance, otherwise you may not have sufficient salary
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H-1B Advantages
Allows long-term work in U.S. Duration:
up to 3 years initially renewable for 3 more years, for 6 year maximum Eligible for another 6 years after 1 year stay outside U.S.
Ample of time to work toward PERM No advertising or test of the U.S. labor market required H-1B portability (under certain conditions)
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H-1B Disadvantages
Tied to one employer; not flexible like OPT Paperwork requirements - must be done correctly to avoid USCIS or DOL violations Cost by hiring department this differs by state and State of Ohio does not allow
Roles: Alien/Depart. /Agencies

Hiring Department hiring process, $$$ Alien honest, complete & timely info Human Resources appointing authority, liaison with II and runs the process USCIS (old INS) approval/rejection of application
Steps for Obtaining H-1B Visas

1. 2. 3. 4.
5. 6. 7. 8. 9.
Foreign National given an offer of employment Determine visa category based on applicant status Departmental submits approval form to HR HR checklist alien and department obtains, completes and submits paperwork and $$ to HR HR files ETA 9035 electronically with USCIS Complete package created for formal processing completes processing, sends back to Us for appointing authority signature Notice of Receipt sent from USCIS (forwards to dept and applicant) Notice of Approval from USCIS (forwards to dept and applicant)
H 1B Process
Step 1
Hiring department contacts Human Resources when foreign national identified for hire, stating need for a visa. The Department consults with HR regarding determination of appropriate immigration classification for the individual/position and timing of process
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Selecting Visa Categories:

Refer to visa categories & eligibility chart for an overview of employmentbased visas and their applicability
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H 1B Process
Step 2
HR provides employing department with paperwork H-1B Preliminary Packet, Checklist and explanations of procedures (all on HR Website)
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H-1B Visas
HR Website MUST complete
H1B Department approval or offer letter. H1B Checklist of required documents Information forms (self and family)
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H 1B Process
Step 3
Applicant and Hiring Department assemble and submit Checklist, and ALL REQUIRED forms and documents on checklist including payment check to HR for review
NOTE: Allow at least 8-12 weeks for Steps 3 through 7 on this Flow Chart.
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H 1B Process
Step 4
HR receives all documents plus check $$$ Receipt confirmation sent to Hiring Department HR requests prevailing wage determination from HR performs salary compensation survey comparison obtains LCA from the U.S. Department of Labor HR notifies department regarding LCA
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H 1B Process
Step 5
Yes
Wage determination accepted
No
HR informs employing department that wage is sufficient Dept. prepares final H-1B packet
HR informs employing Dept. that wage is too low Department must raise wage OR Files an appeal, if possible OR Employee changes to J-1, if possible OR University does not hire employee STOP!
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www.myconsoft.com
H 1B Process
Step 6
HR prepares and submits H-1B petition to International Institute (II) of Toledo for filing with United States Citizenship and
Immigration Services (USCIS)
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H 1B Process
Step 7
United States Citizenship and Immigration Services (USCIS) issues receipt notice, followed by notice of action, HR informs department of decision
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H 1B Process
Step 8
No
Employee in US?
Yes
Approval sent to employee abroad Employee obtains visa approval to enter US at US Embassy
Employee eligible to work until expiration or renewal of H-1B STOP!
Employee eligible to work until expiration or renewal of H-1B STOP!

Questions?
Resources
U.S. Department of State
http://travel.state.gov/
Citizenship & Immigration Services (USCIS)

http://www.uscis.gov/portal/site/uscis
TN Visas
http://travel.state.gov/visa/temp/types/types_127 4.html
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H-1B VISA WORKSHOPS

Introduction to H-1B Visas

Introduction to H-1B Visas

Visa many different types

and often does expire before end of H1B period)

OPT Optional Practical Training

H-1B Visa Description

H-1B Visa Basic Requirements

Roles: Alien/Depart. /Agencies

Steps for Obtaining H-1B Visas

Selecting Visa Categories:

Immigration Services (USCIS)

Employee eligible to work until expiration or renewal of H-1B STOP!

Employee eligible to work until expiration or renewal of H-1B STOP!

Citizenship & Immigration Services (USCIS)

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