2. Optional Practical Training
What is it?
Temporary employment related to an area of
study
Pre-completion (CPT)
After 1 academic year
Related to area of study
Part time while school in session
Full time during breaks
3. Optional Practical Training
Post Completion (OPT)
DSO endorses I-20
Student files I-765
Student works after approval of I-765
4. Optional Practical Training
Certain students can receive 17 month
extension of post completion OPT
F-1 Students who
Receive STEM degrees included on STEM
designated Degree Program List
Employed by E-verify enrolled users
5. H-1B
Specialty Occupation
Theoretical and practical application of body of
highly specialized knowledge
Engineers, Researchers, Accountants, Computer
Techs, other professional positions
3 year periods of stay
6 year maximum
6. 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. LCA Requirement
Employer attests to four (4) Labor Condition Statements:
Wages
higher of the actual wage or the prevailing wage
pay the ee 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, er 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.
216.696.4676 www.immvisa.com
8. 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.
216.696.4676 www.immvisa.com
9. 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
216.696.4676 www.immvisa.com
10. Public File
Prevailing Wage Determination
Posted LCA Notices
Acknowledgment of Receipt of LCA
Benefits Summary
216.696.4676 www.immvisa.com
11. 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
216.696.4676 www.immvisa.com
12. 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.
216.696.4676 www.immvisa.com
13. 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
216.696.4676 www.immvisa.com
14. 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
216.696.4676 www.immvisa.com
15. 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
216.696.4676 www.immvisa.com
16. The Green Card Process: 3 Basic
Steps
Labor Certification
I-140 Immigrant Visa Petition
I-485 Application to Adjust Status
www.immvisa.com
David Wolfe Leopold & Associates
17. Labor Certification
Not sufficient US workers who are
Able
Willing
Qualified and
Available
And
216.696.4676 www.immvisa.com
18. Labor Certification
Employment of alien will not adversely affect the
wages and working conditions of workers similarly
employed
www.immvisa.com
David Wolfe Leopold & Associates
19. The Labor Certification Process
Application submitted to US Department of
Labor
Minimum requirements listed by Er
Prevailing wage
www.immvisa.com
David Wolfe Leopold & Associates
20. Final Steps
I-140 Immigrant Petition
I-485 Adjustment of Status (Green Card
Application)
www.immvisa.com
David Wolfe Leopold & Associates