How to Secure Your H-1B Visa [electronic resource] : A Practical Guide for International Professionals and Their US Employers /
Bach, James A.author.
Werner, Robert G.author.
"James Bach and Robert Werner’s How to Secure Your H-1B Visa is written for both employers and the workers they hire." Andrew Hacker, "The Frenzy about High-Tech Talent", The New York Review of Books, July 9, 2015 The H-1B visa is the gateway for the world’s best and brightest to live and work in the United States as IT professionals, engineers, scientists, professors, doctors, nurses, and researchers. How to Secure Your H‑1B Visa guides employees and employers alike through the maze of H-1B laws, policies, and procedures. This road map lays out the whole H-1B process from petition to visa to status maintenance to visa extension and, ultimately, to permanent residence in the US for you and your family. It shows you step by step exactly how the H-1B process divides up between the employer and employee. It identifies the points where the two tracks converge and the H-1B employer and employee need to pull in tandem. Navigation icons tell you at a glance whether a topic concerns employees and employers equally or primarily one or the other. Sidebars highlight pitfalls, liabilities, and disasters to avoid; tips and exceptions to leverage for success; administrative and enforcement trends and late-breaking changes; and special conditions that apply to nationals of particular countries, such as India and China. Ancillary chapters cover complementary visas for family members and H-1B substitute visas for professionals with particular skill sets or from particular countries, such as Australia and Canada. The authors are Silicon Valley immigration lawyers with 60 years combined experience handling professional work visas. Whether you are an international professional desiring to work in the US for the first time, an international student in the US wishing to remain after graduation, or a hiring manager or HR specialist for a sponsoring entity, this short book will show you how to secure, maintain, and leverage your H-1B visa and answer all your questions about: quotas and exemptions RFEs and consular interviews dual representation by the employer’s lawyer LCA compliance, auditing, and penalties serial H-1B employers termination and benching regulations reconciling filing deadlines with expiration dates transitioning from academic to affiliated to private H-1B employment.
Contents ; About the Authors ; Acknowledgments ; Introduction; What Is an H-1B Visa?; Advantages and Disadvantages of H-1B Status for Employers; Benefits and Challenges of H-1B Status for Employees; Overview of the H-1B Petition Procedure; US Government Agencies Involved in the H-1B Visa Process; US Department of Labor; US Citizenship and Immigration Services; US Department of State; US Customs and Border Protection; The Importance of Being Earnest; The H-1B Annual Quota; Quota History; Quota Exemptions; Eligibility for H-1B Status; General Requirements of H-1B Petitions
Employee RequirementsCredentials Evaluations; The Three-for-One Rule; License in Lieu of a College Degree; Job Requirements; What Is a "Specialty Degree"?; Specialty Occupation; Interplay between the Employee's Professional Background and the Determination of Whether the Job Is a Profession; Salary; Examples of Difficult H-1B Eligibility Cases; Hotel Manager with a Literature Degree; IT Worker with a PhD in a Non-Computer Field; Plant Manager with No College Education; Conclusion; Complementary Roles of the H-1B Employee, Sponsor, and Attorney; The Role of the Prospective H-1B Employee
The Role of the Hiring ManagerThe Role of the Employer's Human Resources Department; The Role of the Immigration Attorney; Conclusion; Employer Inputs to the H-1B Process; Preparing the Job Description and Drafting Minimum Requirements; Company Information; The Labor Condition Application; Preparing and Filing the LCA; Posting of LCA Notices; Preparing the Actual Wage Memorandum; Preparing the LCA File ("Public Access File"); Filing Fees; Basic Fee; Training Fee; Is It the First or Second Extension?; Exemptions for Certain Employers; "Fraud" Fee; Premium Processing Fee
Technology Export ControlReviewing and Signing Forms and Letter; Components of the H-1B Petition; Responding to a Request for Evidence (RFE) or Notice of Intent to Deny (NOID); Appeals and Motions to Reconsider; Notice of Intent to Revoke (NOIR); Employee Inputs to the H-1B Process; Résumé Drafting; Supporting Documentation; Request for Evidence; Visa Application at the US Embassy or Consulate; Entry into the United States; Labor Condition Application (LCA) Compliance; The Required Wage; The Prevailing Wage; Primary Sources for Determining the Prevailing Wage
Private Sources for Determining the Prevailing WageThe Actual Wage; When the Required Wage Must Be Paid; How the Required Wage Must Be Paid; Employee Payment of H-1B Fees and Costs; LCA Notice Posting Requirements; H-1B Dependent Employers; Formal Requirements of the LCA File; Employment in More Than One Location: LCA Requirement for Each Long-Term Site; Moving to a Nearby Location; Exemption for Short-Term Placements of Less Than 30 Days; Exemption for Short-Term Placements between 30 and 60 Days
Exemption for Short-Term Job Sites of Less Than 6 Days or Less Than 11 Days, Depending on the Nature of the Job
Includes bibliographical references and index.
Includes index.
"James Bach and Robert Werner’s How to Secure Your H-1B Visa is written for both employers and the workers they hire." Andrew Hacker, "The Frenzy about High-Tech Talent", The New York Review of Books, July 9, 2015 The H-1B visa is the gateway for the world’s best and brightest to live and work in the United States as IT professionals, engineers, scientists, professors, doctors, nurses, and researchers. How to Secure Your H‑1B Visa guides employees and employers alike through the maze of H-1B laws, policies, and procedures. This road map lays out the whole H-1B process from petition to visa to status maintenance to visa extension and, ultimately, to permanent residence in the US for you and your family. It shows you step by step exactly how the H-1B process divides up between the employer and employee. It identifies the points where the two tracks converge and the H-1B employer and employee need to pull in tandem. Navigation icons tell you at a glance whether a topic concerns employees and employers equally or primarily one or the other. Sidebars highlight pitfalls, liabilities, and disasters to avoid; tips and exceptions to leverage for success; administrative and enforcement trends and late-breaking changes; and special conditions that apply to nationals of particular countries, such as India and China. Ancillary chapters cover complementary visas for family members and H-1B substitute visas for professionals with particular skill sets or from particular countries, such as Australia and Canada. The authors are Silicon Valley immigration lawyers with 60 years combined experience handling professional work visas. Whether you are an international professional desiring to work in the US for the first time, an international student in the US wishing to remain after graduation, or a hiring manager or HR specialist for a sponsoring entity, this short book will show you how to secure, maintain, and leverage your H-1B visa and answer all your questions about: quotas and exemptions RFEs and consular interviews dual representation by the employer’s lawyer LCA compliance, auditing, and penalties serial H-1B employers termination and benching regulations reconciling filing deadlines with expiration dates transitioning from academic to affiliated to private H-1B employment.
Business.
Management science.
Business and Management, general.