A brief description of the H1B visa process.

1. H-1B 101
Presentation to:
June 1, 2012

2. Introduction to H-1B Visas

3. Introduction to H-1B Visa
Overview
Provide overview of visa types
Explain basics of H-1B visa
Discuss role of Recruiters, HR and legal
counsel involved
Potential internal processes
Complexities of H1B

4. Visa Types: A foreign national must
be in valid “status” to be in the U.S.
H-1B (specialty worker)
B-1 (business)
L-1 (intracompany transfer)
R-1 (religious Worker)
P-1 (sports and entertainment)
B-2 (visitor)
F-1 (student)
Legal Permanent Resident aka “Green Card”

5. Why Use H1B’s workers?

6. H-1B Visa Description
A non-immigrant visa that allows a non-
immigrant to be employed in the U.S.
for MAX of 6 years in a “specialty
occupation”
Note – alien may work for multiple
employers during 6 years; therefore you
must ask regarding prior H-1B periods
prior to employment (e.g. year 5)

7. H-1B Visa Basic Requirements
• Employee must have at least a
relevant Bachelor’s degree or
equivalent, or higher degree
• Position must be a “specialty
occupation”
• Employer must pay at least the
prevailing wage

8. 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 time to work toward green card (PR)
No advertising or test of the U.S. labor
market required
H-1B portability (transfers)

9. H-1B Standards
Paperwork requirements - must be done
correctly to avoid U.S. Citizenship &
Immigration Service (USCIS) or Department
of Labor (DOL) violations
Cost – 100% borne by hiring department,
never by the alien (per DOL regulations)
Minimum (prevailing) wage

10. H-1B Standards (continued)
Annual limit to number of new H1B’s
(as opposed to transfers from another
company), call the Cap.
Begin applying only by April 1, cannot
begin work until October 1.
Compensation cash only

11. Roles: Alien/Dept./Agencies
Hiring Department – hiring process
Employee – provide honest & complete info
Human Resources – appointing authority,
liaison, I-9, Public Inspection File
Legal Counsel – processes the paperwork
(United Way) with USCIS
USCIS – approval/rejection of petition. F/k/a
INS, it is a sub-agency of DHS

12. Steps for Obtaining H-1B Visas
• Recruiter, HR, and Legal discuss potential employee and
issues/eligibility for H1B process (e.g. occupation, wage,
other terms).
• Legal might obtain Prevailing Wage Determination prior to
offer.
• Foreign national employee given an offer of employment.
• Legal/HR submit questionnaire to employee.
• Legal files ETA 9035 (LCA) with DOL (takes up to 7 bus.
days)
• Once all documents and information are in order, legal
prepares H1B application packet.
• Legal completes processing, sends back to HR for appointing
authority signature.
• Legal files application with USCIS for processing.
• Notice of Receipt sent from USCIS to Legal (forwards to HR,
Recruiter and Employee if requested)
• Notice of Approval from USCIS to Legal (forwards to HR,
Hiring Department and Employee if requested)

13. H-1B Processing Time for
Approval
Normal processing: Typically 60-90
days
Premium Processing (common): 1-15
days

14. Potential Internal H 1B Process
Step 1
Recruiter contacts HR when employee
identified for hire, stating need for a visa.
The Recruiter and HR consult with Legal
regarding determination of appropriate
immigration classification for the
individual/position and timing of process

15. Potential Internal H 1B Process
Step 2
HR and/or Legal provide Recruiter with
information for offer letter

16. Potential Internal H 1B Process
Step 3
Employee and/or HR/Recruiter assemble and
submit ALL REQUIRED forms and documents on
checklist.

17. Potential Internal H 1B Process
Step 4
• Legal receives all documents;
• Legal determines prevailing wage or performs
salary compensation survey comparison;
• Legal obtains certified LCA from the DOL;

18. H 1B Process
Yes Prevailing wage No
Step 5 determined
Legal informs Hiring Department
Legal informs Recruiter that wage is that wage is too low — they must
sufficient raise wage
Legal prepares H-1B for filing OR
Files an appeal, if possible
OR
company does not hire employee
STOP!

19. H 1B Process
Step 6
Legal prepares and submits application
packet and submits to U.S.C.I.S.

20. H 1B Process
Step 7
USCIS issues receipt notice, followed by
notice of action, Legal informs
HR/Recruiter of decision

21. H 1B Process
No Yes
Step 8 Employee in US?
Approval sent to employee abroad.
Employee obtains visa (stamp)
approval to enter U.S.
(unpredictable timing here) Employee eligible to work until
expiration or renewal of H-1B
STOP!
Employee eligible to work until
expiration or renewal of H-1B
STOP!

22. Examples of Potential Complexities
Criminal history
FN has been out of status in past
Bringing spouse, kids
Off-site placement (frequency, location)
Client doesn’t approve
Educational equivalency
Years of experience
Country of Origin (different rules)
Lack of documentation (birth, marriage)
CAN RESULT IN Request for Evidence (RFE)

23. IMPORTANT POINTS
Almost every H1B applicant is different, requiring
different responses to nuances in the law.
Better to do it right, than fast.
Most rejections result from incomplete, inconsistent,
or inaccurate applications.
Information and documentation from employee must
be complete, consistent, and accurate!
IMMIGRATION IS COMPLICATED AND NUANCED AT
EVERY STEP: There are always conditions and
requirements.

24. IMPORTANT POINTS (continued)
Foreign workers are part of an overrall
business strategy involving recruitment, HR,
operations, legal, and financial issues.
A “Public Access File” must be kept.
Non-compliance with federal authorities can
be disastrous, so business process
improvements may be necessary.
Don’t act until you are sure of the answer.
There are no dumb questions: ASK, ASK, ASK.
If you hate your lawyer, you’re doing it right.

25. Questions?