Immigration Basics: What Strategic HR Professionals Should Know
Upcoming SlideShare
Loading in...5

Like this? Share it with your network


Immigration Basics: What Strategic HR Professionals Should Know

Uploaded on

A presentation from David Wolfe Leopold about Immigration basics and practical steps towards hiring international talent

A presentation from David Wolfe Leopold about Immigration basics and practical steps towards hiring international talent

  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Be the first to comment
    Be the first to like this
No Downloads


Total Views
On Slideshare
From Embeds
Number of Embeds



Embeds 482 374 60
http://localhost 29 10 8
http://build 1

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

    No notes for slide


  • 1. Cleveland SHRMImmigration Basics: What Strategic HRProfessionals Should Know
  • 2. Optional Practical Training What is OPT?  12 months post graduation; no H1B required Post Completion of University  DSO endorses I-20  Student files I-765  Student works after approval of I-765 2
  • 3. Optional Practical Training Certain students can receive 17 month extension beyond their 12 month OPT = 29 months F-1 Students who  Receive STEM degrees included on STEM designated Degree Program List  Employed by E-verify enrolled users 3
  • 4. H-1B 4
  • 5. H-1 BOption for filing: Legal expertise is required? Contact an immigration attorney 5
  • 6. H-1B Specialty Occupation  Theoretical and practical application of body of highly specialized knowledge  MBA, Engineers, Researchers, Accountants, Computer Techs, other professional positions  3 year periods of stay  6 year maximum 6
  • 7. Legal Requirements: What do Employersneed to do? Preparing the petition  Job description  Resume and degrees  Labor Condition Application  Prevailing/actual wage  Public file 7
  • 8. LCA Requirement Employer attests to four (4) Labor Condition Statements:  Wages  higher of the actual wage or the prevailing wage  pay the fee 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, employer 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. 8
  • 9. 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 9
  • 10. 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 10
  • 11. Public File Prevailing Wage Determination Posted LCA Notices Acknowledgment of Receipt of LCA Benefits Summary 11
  • 12. 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, unless the company has applied for the employee’s green card 12
  • 13. 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. 13
  • 14. 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 14
  • 15. 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 15
  • 16. 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 16
  • 17. Green Card 17
  • 18. Green Card How do you know that the Green Card is authentic? 18
  • 19. The Green Card Process: 3 BasicSteps Labor Certification I-140 Immigrant Visa Petition I-485 Application to Adjust Status 19
  • 20. Labor Certification Not sufficient US workers who are Able Willing Qualified and Available And 20
  • 21. Labor Certification Employment of alien will not adversely affect the wages and working conditions of workers similarly employed 21
  • 22. The Labor Certification Process Application submitted to US Department of Labor  Minimum requirements listed by ee  Prevailing wage 22
  • 23. Final Steps I-140 Immigrant Petition I-485 Adjustment of Status (Green Card Application) 23