Transcript H-1 Spring Updates2013 - Bechtel International Center

BECHTEL INTERNATIONAL
CENTER
H-1B Best Practices:
How to assure quick processing of
your employment visa request
Lynn Kroner, Margaret Murphy,
Spring, 2013
H-1B Basics
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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
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
Common workflow data problems
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Job title not appropriate to Employment Category. Check with your
local HR if you’re not sure which job title/employment category to use.
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Job description not descriptive enough. Should be concise yet
descriptive of what employee will do.
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Previous visa/immigration data is incomplete or incorrect
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Number of dependents should only reflect dependents who will change
to or extend H4 status. No US citizens.
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Future travel plans information incomplete or not noted
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Start/end dates must be realistic, accurate and match dates in cover
letter & appointment letter to be included in petition
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Other discrepancies between info in workflow and documentation
submitted
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!
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.
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
Documentation list (cont’d)
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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