This document provides information on different types of work authorizations and contracts for foreign workers in the United States. It discusses hired, fulltime, and C2C contracts, and the legal work statuses of GC, H1, H4, L1, EAD, and citizens. It then provides more details on the green card filling procedure, requirements for H1 and L1 visas, and rights of green card holders and H4 EAD holders.

1. Compiled by-
Tanu Chadha
Sales & Marketing
Associate
PamTen Inc

2. TYPES OF CONTRACT
• Hired by client directly on as their W2 and it is also
called as Head hunting or one time placement.
• The percentages of fees would be 10 to 25% paid to the
consulting firm
• Payment will be made after 90 days of the
commencement of employment.
Fulltime
• It is like borrow & sell
• Cost to the company is very less
• Consultants are paid once the agency receives payment.
C2C
• Borrow and sell
• Transfer their status of H-1B
C2H

3. WORK AUTHORIZATION
Legal
Statuses to
work
GC H1
H4 EAD
L1
L2
EAD/OPT
EAD
Citizens

4. GREEN CARD HOLDERS
 Are authorized to work anywhere in USA.
 A person holding GC for five or more years can apply for citizenship.
 Can hold the GC status up to 10yrs and can extend it

5. GREEN CARD FILLING PROCEDURE
Labour Approval (PWD) :Prevailing wage determination – Approval may take 2 to 3 months
 Once the labour department gives the estimation of salary then we need to publicise an Ad in
national news paper, job board and company for the same kind of skill set only.
 After two months we need to provide the recruitment report, like how many application has come
via e-mail, phone and how with how many people we had spoken etc.
 While we post a job we need to put all the niche skills where no one can apply (it is difficult but yet
doable).
 Department may take 2 to 3 months to review and it may be positive or negative
 We need to document each and every application we receive for the job ad’s
 Sometimes they may ask to provide the details of job posting as the dept can directly post the ad.
That is why we go with an attorney.

6. GREEN CARD FILLING PROCEDURE
CONTINUED..
I-140 : Is to check the ability to pay remuneration
 If I-140 and labour is approved he can extend his stay as long as I-485 get the approval
 With the combination of I-140 denied then he/she need to leave the country immediately.
 If the candidate applied through two companies one is approved and one is denied he can go
with approved one.
 I-140 should be applied on or before the expiration of working status which should at least be
1 year remaining.
 The time spent outside of USA will not be counted in the actual visa duration. For ex: If
somebody worked for 1 year and went back to native country and came back after one year
this 1 year will not be considered.
I-485:Is to conduct background check
 Legally is authorized only if labor date is current

7. H1
 Is given for maximum of 6 years.(3+3)
 H4 status is given to the spouse of H1 holder
 H1 needs LCA to work in clients premises.
 If the H1 leaves USA then that period is not counted in its total 6yreas validity.
 After completion of 6years the person holding H1 can apply for GC or can come back to his home
country and apply for H1 only after 1 yr.
 H4 EAD is only given to spouse and this status is given only if H1 has stayed in USA for 6years
plus the H1 has Labor and I-140 approval.
 H4EAD are legally authorized to work.

8. L1
 Is legally authorized to work only id the premises of the company
holding his/her L1
 Can work only for 6yrs
 L2 status is given to holder of L2