SPECIAL ISSUES FOR H-1B EMPLOYERS Kate E. Tucker Kramer Rayson LLP August 13, 2015

PREVAILING WAGE ISSUES

POST DOCS  No special ONET code / Field of study  PW = Level 1 (entry level) unless: Significant experience / training required. Combination of positions. Supervises other postdocs.  Keeping the wage low “Under the supervision of…” “Coordinates research…” KRAMER RAYSON LLP

R&D v/s NON-R&D  Distinction for ACWIA employers only. In FLC DataCenter, not ONET I.e. engineers  R&D – Directly conducts or supports research effort.  Non R&D – Supports administrative functions (i.e. finance, technical support)  Make sure description is clear. Both R&D and Non R&D – DOL will assign the higher wage. KRAMER RAYSON LLP

PUBLIC ACCESS FILE  Create within one day after filing the LCA. Copy to FN prior to start of employment.  Keep at principal place of business or work site.  Do not keep with personnel file.  Retain for one year after: H-1B employment ends; or FN becomes a permanent resident.

DOCUMENTS IN PUBLIC ACCESS FILE  Certified LCA & Cover Pages  Wage Rate (i.e. offer letter)  Actual Wage Memorandum  PWD or FLCDataCenter wage pages  Posting Notice & Signed Acknowledgement  Summary of Benefits (others in position)  Approval Notice (advised not required)  H-1B Forms (advised not required) KRAMER RAYSON LLP

OTHER DOCUMENTS FOR THE PUBLIC ACCESS FILE  Change in Employment - Proof of continued satisfaction of LCA / PW.  Termination – Withdrawal letters (to DOL & USCIS) and offer of return trip.  Change in Ownership – Memo re: change & assumption of LCA obligations.  H-1B Dependent / Willful Violator

AMENDED H-1B PETITION  Change of work location that requires new LCA also requires amended H-1B petition.  File LCA before placement (can be pre- approval)  Same geographic area: No new LCA or amended H-1B petition Must post LCA at new worksite  Assuming no other “material” changes.

SHORT TERM OR NON WORKSITE  Short Term Worksite – No new LCA req’d Fewer than 30 days per year. Up to 60 days if still based at original worksite.  Non Worksite – No new LCA req’d Participating in employee development (seminar) Spends very little time at any one location. Based at original worksite but travels to other locations for short periods of time.

EXTENSION BEYOND 6 YEARS  Must file LC or I-140 before 5 th year ends. BEGIN PREP WELL BEFORE!  Extensions: LC or I-140 pending 365 days = 1 year extension I-140 approved & no backlog = 1 year extension I-140 approved & backlog = 3 year extension

H-4 WORK AUTHORIZATION  Effective May 26,  H-4 dependent qualifies if married to H-1B holder who has: Approved I-140 Immigrant Petition, or Extended H-1B under AC21 section 106.  Must still apply Form I-765 Application for Employment Authorization plus $380 filing fee. EAD will be issued. KRAMER RAYSON LLP

I-9 / H-1B EXTENSION  Timely filed = prior to current expiration.  Write “240 day extension filed _______” in Section 2.  Re-Verify in Section 3 once approved, inserting requisite information.  Or complete Section 2 and initial / date information.

I-9 / H-1B PORTABILITY  Extension beyond 6 th year based on (1) LC or I-140 pending 1 year, or (2) approved I-140.  Write “AC-21 extension filed __________”  Re-verify when approved.

PANEL DISCUSSION ANY IMMIGRATION QUESTIONS

KRAMER RAYSON LLP Kate E. Tucker (ext. 141)