IMMIGRATION LAWYER PROVIDES
Suggestions for Human Resource Managers

When you make the job offer and the employee states that he has an F-1 student visa and work permit, what do you do?

When the F-1 student is hired, he (like all new hires) must complete the I-9, and present his Work Permit.  The HR manager should make a copy of the work permit, review the date of expiration and ask the employee what he plans to do when the Work Permit expires.  Make a note that the student may not work after the date of expiration.

H-1B holder

give the employee the Calderonlaw H-1B Questionnaire and List of Documents required;

ask the employee if a spouse and dependents will be a part of the petitioning process;

if the applicant is not in the United States, then add to the above with an application for a Social Security number ( may be obtained through the Social Security Administration);

when the H-1B is approved, give the original approval notice to the employee because he will need it to get his visa stamped.

Canadian applicants

         All Canadians require a Work Permit to work in the United States;

certain job titles may be admitted at the Border with a TN visa through the Trade Nafta agreement between the United States and Canada.  These job titles are listed on Schedule B and require a job offer from the American Employer stating the job title, duties and one year limit to the temporary employment offer.

Mexican applicants

        all Mexicans require a Work Permit to work in the United States;

        certain job titles may be admitted with a TN visa

must apply at the Northern Service Center and must have an LCA, and must obtain a visa at a US Consulate.  If he changes employment, must file a new TN with the NSC.

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