Immigration Basics: Overview of Procedures and Obligations for Employers Part 1: Nonimmigrant Visas
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Immigration Overview
Three Groups of People in the US
Nonimmigrants
Immigrants
Understanding the Documents
Visa Stamp
I-94 (D/S)
I-94 (Expiration Date)
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I-20 (F)
DS-2019 (J)
Form I-9
H-1B Work Visa
H-1B (continued)
Slide 18
Wage Requirements
Prevailing Wages
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Actual Wage Memo & Form
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Procedural Requirements of the LCA
General Requirements of LCA
LCA Attestations
Public Access File (PAF)
Additional H-1B Issues
H-1B Dependents
Premium Processing
When is Premium Processing NOT Needed?
When is Premium Processing Sometimes Needed?
No “Benching” H-1B Workers
H-1B Portability
Terminated H-1B Employees
Offering Jobs to Potential H-1Bs
Travel Considerations
Other H-1B Issues
Other Temporary Work Visas
E-3 Visa for Australian Nationals
TN Category for Canadian and Mexican Professionals
O-1 Individuals with Extraordinary Ability or Achievement
Evidentiary Criteria for O-1
F-1 Student Workers
F-1 Curricular Practical Training (CPT)
F-1 Optional Practical Training (OPT)
STEM OPT Extension
J-1 Exchange Visitors
J-1 Students (Academic Training)
J-1 Scholars and Professors
B-1 Visitor for Business
Initiating A Case
The IHP (Immigration Home Page)
Slide 59
When Should I Initiate a Case?
Permanent Residence Overview
How to Get a Green Card
Diversity Lottery
Family Based Permanent Residence
May 2011 Family Bulletin
Employment-Based Categories
May 2011 Employment Bulletin
Priority Workers & National Interest Waivers
EB-1 Outstanding Researchers/Professors
Slide 70
National Interest Waivers
PERM Labor Certifications
PERM - Labor Certification Process
What Is Labor Certification?
When Is Labor Certification Needed?
2 Types of Labor Certifications
Special Handling PERM Processing
Basic Requirements
Less-Stringent Standard
What Happens When 18 Month Deadline is Missed?
Benefits
Regular PERM Processing
Labor Certification Basics
Qualifying Criteria
Requirements
Elements of the Advertisement
Contacting Applicants
Interviewing Applicants
Recruitment Record/Report
Audits & Post-PERM Issues
Audit File
Audits
Impact of Termination or Changes in Conditions of Employment on Permanent Residence Process
What Happens After PERM Approval?
I-140 Petition
Slide 96
Adjustment of Status (I-485)
Thank You! If you have additional questions, please send me an email: ablumberg@fragomen.com This presentation is not intended to be construed as legal advice.