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Lynn Kroner, Margaret Murphy, Spring, 2013 BECHTEL INTERNATIONAL CENTER H-1B Best Practices: How to assure quick processing of your employment visa request.

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Presentation on theme: "Lynn Kroner, Margaret Murphy, Spring, 2013 BECHTEL INTERNATIONAL CENTER H-1B Best Practices: How to assure quick processing of your employment visa request."— Presentation transcript:

1 Lynn Kroner, Margaret Murphy, Spring, 2013 BECHTEL INTERNATIONAL CENTER H-1B Best Practices: How to assure quick processing of your employment visa request

2 H-1B Basics  Temporary Employment Visa  Employer-Specific  Degree Requirements  Salary Requirements  Max 6 year limit  Max 3 years per H-1B request  Change of Employers = New H-1B (Port)  Change of job title, location = New H1B (Amend)  Must notify USCIS of Termination of H-1B employee  Allow 30 days to process an H-1B, E-3 or TN  after Bechtel receives approved workflow transaction and required documentation

3 Why is Workflow So Important?  Stanford is legally required to verify certain facts about all H-1B, TN and E-3 employees.  Workflow provides LEGAL information about employees  What you enter in workflow becomes part of the legal petition for the H-1B  CAREFULLY enter the Stanford Employment Category. If category is incorrect, transaction will not be routed properly - MAJOR problem!  BE ACCURATE! Errors in workflow slow down your petition and can cause it to be rejected by USCIS  MONITOR workflow approvals—send reminders to approvers who are not progressing a petition

4  Job title not appropriate to Employment Category. Check with your local HR if you’re not sure which job title/employment category to use.  Job description not descriptive enough. Should be concise yet descriptive of what employee will do.  Previous visa/immigration data is incomplete or incorrect  Number of dependents should only reflect dependents who will change to or extend H4 status. No US citizens.  Future travel plans information incomplete or not noted  Start/end dates must be realistic, accurate and match dates in cover letter & appointment letter to be included in petition  Other discrepancies between info in workflow and documentation submitted Common workflow data problems

5 TRAVEL—the Bechtel Travel Agency  WHEN your employee plans to travel outside the US GREATLY affects how we process their employment visa  Change of Status, Extension and Port:  employee must REMAIN IN US during the application process, or risk a denial of the application  If your employee MUST travel during the time the application is submitted to USCIS:  —please request CONSULAR PROCESSING—  this allows the employee to leave the US at any time and re-enter the US AFTER h-1B approval and visa stamping at the US consulate, but employee must commit to this departure and re-entry  great for those Christmas and summer holidays!

6 Documentation  New link to checklist for items that must be submitted for H petition: http://icenter.stanford.edu/depts/employment_visas_web/index.html Please follow the instructions on the checklist when compiling the required items for the H petition Submit all items at once, separated into two sets of documents: original and copy, in the order noted on the checklist. Within each group of items (example: paystubs) best to sort in descending order, most recent on top. Copy checklist and place it on top of the two sets.

7 Documentation list Cover letter (use template specific to circumstance) Licensure (for physicians only) Evidence of waiver or fulfillment of 2 yr home residency requirement (212.e) if employee was EVER in J status and subject to 212.e I-94 card front and back, provide copy of the last I-94 card issued to the employee at most recent entry into the U.S. Other I-94 cards attached to Form I-797 should be included with immigration history documents. Payroll history (3 months most recent pay statements) Employee's CV

8 Documentation list (cont’d) Educational Credentials (Diploma AND Diploma evaluation if degree was earned outside the U.S.) Job Offer / Re-appointment Letter Complete Immigration history (passport pages with bio page and visa stamps, current & previous immigration documents, I-797 approval notices, etc) Dependent documents (I-539, supporting documents, check for $290) Mailing labels - return address on return address label should be your dept address, NOT USCIS Checks - $325 petitions + $500 initials, transfers (ports) + $1225 Premium Processing - optional but recommended Affidavit signed by employee’s supervisor


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