Are You Coming to the End of the H-1B Runway?
February 29th, 2012 § Leave a Comment
Did you know you can recapture unused time in H status? It is possible to file for an extension of an employee’s H status, and even recapture time that an employee has spent outside the U.S. while on an H status visa.
As you know, H visas are only valid for a total period of six years. However, if you have an employee in H status and you want to continue to employ him or her, it may be possible to extend the visa beyond the six year limitation in one year increments, depending on the situation.
If you have filed a labor certification, an I-140 immigrant petition, or an employment-based adjustment application for the employee, and it is at least 365 days prior to the end of the H validity, or the I-140 has been approved, then you can file to obtain a one or three year extension of H status.
In addition, you should explore how much time the employee has spent outside the U.S. while in H status, because you can recapture all that time to push the end of the H-1B date into the future. Also, depending on the circumstances, you may want to have the employee travel outside the U.S. during the current period of H status to gain additional time for recapture in the future to meet the extension requirement.
If you plan to recapture unused time in H status, you must provide an exact list of dates for each exit/entry into the U.S.. You also should be prepared to provide copies of entry and exit stamps in the passport, airplane boarding passes or e-tickets, frequent flier statements if available or appropriate, and any credit card statements showing dates of travel abroad. This type of documentary evidence is especially crucial when traveling to Canada or Mexico as stamps are not always placed in the traveler’s passport.
If you have questions about extending H status for an employee or how to recapture time, call us. This is what we do and we are passionate about immigration.
Have Your Documents Been Prepared for a Visit from the USCIS?
February 23rd, 2012 § Leave a Comment
If the USCIS came knocking at your door tomorrow, would your business be ready? Although you know your business is complying with immigration regulations, you might not have all the documentation you need to satisfy the requirements of an audit–and that could lead to a lengthy, troublesome tangle with USCIS.
It’s real and happening now to employers all over the country with great frequency – The U.S. Customs and Immigration Service is conducting surprise visits to employers’ premises to review documents and confirm that all workers have the correct documentation. Would your business be prepared if USCIS decided to drop in?
If the USCIS does visit your business, you can ensure that the process is smooth and efficient by having the following documents and information ready to go.
• Public access folder for any employee in H status that includes the prevailing wage information and benefits package.
• A copy of the signed Labor Condition Application for all locations the H employee works.
• I-9 Forms for active and termed employees required to be retained.
• Payroll records.
• Business information such as EIN#, owners names, other locations, number of H visa employees.
• Audit files for any employee for whom resident alien status application has been made.
Best practice is to assemble a file containing this information, so that it is all in one place and easily accessible in the event of an audit.
If you need help getting this documentation in order, we can help. If USCIS or ICE shows up at your door, call us. We specialize in I-9 compliance policies and H visa public access folders and training for HR staff. If you have multiple locations and a large number of employees with several people being involved in the I-9 process, give us a call to review your compliance. We’ll help you establish best practices to help you ace your I-9 or H-1B audit. It’s what we do!
Do You Check Out? USCIS Self Check Program Now Available
February 15th, 2012 § 2 Comments
The U.S. Citizenship and Immigration Services recently made an announcement that the Self Check Program is now available throughout the United States, Washington D.C., Guam, Puerto Rico, the U.S. Virgin Islands, and the Commonwealth of Northern Mariana Islands.
The Self Check Program is an online service for employees to check their own employment eligibility status through the Social Security Administration and the Department of Homeland Security. « Read the rest of this entry »
Why U.S. Employers Should Consider Hiring Foreign Students
February 10th, 2012 § Leave a Comment
Sometimes it is simply in the best interests of an employer to hire a foreign student and employers should not pass on this opportunity, especially when recruiting in the areas of science, technology and engineering.
Many of the brightest students from around the world come to the U.S. to study at our colleges and universities. Following graduation they often seek employment here in America.
An individual here on an F-1 student visa who has received a bachelor’s, master’s or doctoral degree in science, technology, engineering or math (known as STEM, collectively) may apply for a one time 17-month extension of his or her Optional Practical Training (OPT) to allow authorization to work for a U.S. employer as long as the employer is enrolled in E-Verify prior to the expiration of the employee’s status.
If you employ a student, be sure that your I-9 Form is properly updated. But what steps need to be taken prior to the expiration of a student’s initial OPT card?
- To document the extension, the student will need to present the Form I-20 endorsed by the designated school official recommending STEM extension.
- Upon reviewing the Form I-20, you should write “180-day Ext.” in the margin of Section 2.
- If it is your policy to make a photocopy of the supporting documents used to complete the Form I-9, a copy of the I-20 form should be made and retained with the Form I-9.
- Last, you are required to re-verify employment authorization no later than 180 days from the expiration date of the previous EAD.
- Employers should mark a tickler system to ensure the I-9 Form is updated prior to this date.
The employer should not submit an E-Verify inquiry for any employee hired before the company signed the E-Verify Memorandum of Understanding, unless the employer is subject to a contract containing the E-Verify mandate under the Federal Acquisition Regulations (FAR).
If you are considering hiring a recent foreign graduate, give us a call. We can explain all the employment options available to you. We are immigration attorneys. It’s all we do!
