H-1B Work Visas Presented by David Gowdey, Assistant Director of the Office of International Students and Scholars. University of Nevada Las Vegas

The H-1B “Work” visa As a University, UNLV is “Cap Exempt” Our rules are different from for profit companies. Allows foreign nationals to work in a “specialty occupation” and reside in the United States for up to six years in three year increments. Is requested/sponsored by a US Employer on behalf of an intended foreign national employee The employer must submit a petition to the US Citizenship and Immigration Service (USCIS) that makes a case that the job meets the definition of a “specialty occupation,” that the employee has the required academic and professional credentials to do the job, and that they will be paid top dollar USCIS adjudicates the petition and decides whether to approve or deny H-1B status.

The H-1B Process The job must meet the test for a specialty occupation The beneficiary must have the required credentials for the job. Salary must meet Prevailing and Actual Wage Analysis OISS requests the Labor Condition APPLICATION from the Department of Labor OISS prepares and submits the H-1B petition. Specialty Occupation? Credentials of Beneficiary? Wage Analysis? LCA Posting Notice Prepare and submit petition USCIS response

Specialty Occupation The job must fit a federal occupation classification that normally requires a bachelors degree or higher. Even though UNLV may require a bachelor’s degree – the job itself may belong to a federal occupation classification that does not. The job duties and requirements are what decide the job classification – not the UNLV title. USCIS does not defer to the institution in deciding what constitutes a specialty occupation.

Wage Analysis Salary Must Meet the US Government prevailing wage for clark county Salary must meet the Actual Wage Analysis Peers in the same department doing the same job, with the same credentials. Department must pay the agreed upon salary.

Labor Condition Application (LCA) Approved by the US Department of Labor Outlines Terms of Employment (Title, Occupation category, PW, Salary, Location, Duration) Is a binding labor contract on the institution Must be amended if there is a substantive change in the terms of employment Takes 7 working days to obtain Once received, a posting notice must be placed in two locations for 10 working days. Requires institution to pay for travel expenses home if they terminate employee Early

The h-1b petition The form I-129 – questions correspond to the questions on the h-1B department request form Supporting documentation is required to make the case that : The job meets the criteria for a specialty occupation The salary meets both Prevailing and actual wage The beneficiary is qualified for the job The beneficiary has been in legal immigration status The beneficiary is eligible for H-1b status Typical petition is 80-120 pages

Uscis adjudication From the time we submit, takes approximately 6 months for adjudication Agency can approve, deny, or send a request for evidence (RFE) Premium processing reduces the adjudication time to 15 calendar days Beneficiary may not start employment (with exceptions for extensions and transfers) until h-1b is approved.

Sponsoring an h-1b at unlv Department identifies candidate to hire pending evidence of legal right to work in us Department completes the h-1B department request form in conjunction with beneficiary and submits to oiss with all supporting documentation. (The H-1B Request Form is on the ISS website at https://www.unlv.edu/iss/scholars/resources) Oiss does initial review of application and notifies department if there is a problem Oiss completes wage analysis Oiss requests lca Oiss sends department and hr posting notices to be posted for 10 working days

Sponsoring an h-1b at unlv (cont) Department completes deemed export form and submits, and department requests checks for uscis Oiss prepares h-1b petition with supporting documentation Oiss submits the h-1b petition with appropriate checks Oiss notifies the beneficiary and department when approval notice is received If beneficiary is abroad, they must go to the US embassy and obtain an h-1B visa. Beneficiary provides copy of approval notice to department and hr for i-9

The H-1B Department Request Form

Employee documents Copy of unexpired passport identification page; Copy of most recent I-94; Copy of visa (such as H-1B, F-1 or J-1); Copies of all immigration documents, whichever is applicable, for example, F-1 OPT EAD card, all I-20s, all DS-2019s, all approval notice(s) for H-1B/TN status; Copy of waiver recommendation from the U.S. Dept. of State and/or waiver approval from USCIS if you are subject two year home residence requirement 212 (e) as J-1/J-2; For H-1B transfer, employer verification letter with your current H-1B approval notice, previous 6 months’ pay-stubs from your current employer or most recent W-2; Licensure if required by your job; Copy of diploma of the highest degree earned; if not in English, attach a copy of English translation; Copy of transcript of the highest degree earned; if not in English, attach copies of English translation and evaluation; Copy of most recent resume.

H-1b timeline ACTIVITY TIME REQUIRED INITIAL REVIEW 1 WEEK WAGE ANALYIS LCA 2 WEEKS POSTING NOTICE PETITION PREPARATION AND SUBMISSION USCIS ADJUDICATION 4-6 MONTHS TOTAL 6-8 MONTHS

Miscellaneous h-1b topics 240 day rule.- provided a petition has been filed in a timely manner, H-1b extensions and transfers are permitted to work and reside in the us for up to 240 days while their case is being adjudicated by uscis Amendments- required if there is any material change in employment Transfers and extensions – prepared like any other h-1b petition Travel – must have a valid visa to return to the us, may not travel while h-1b petition is pending. 212(E) 2 YEAR HOME RESIDENCE REQUIREMENT FOR J-1 SCHOLARS (WAIVER OR HOME RESIDENCE)