Immigration Lawyer on H-1B Visas

What are H-1Bs?

Temporary: H-1Bs are temporary foreign professionals hired by a US employer.

Highly Skilled: H-1Bs may be hired only for “specialty occupations”, those jobs requiring the equivalent of at least a bachelor’s degree in the field.

Professionals: H-1Bs must be professionals such as doctors, engineers, professors, accountants, lawyers, physical therapists, engineers, and computer scientists.

What is the employer’s responsibility in hiring H-1Bs?

Pay the Prevailing Wage: the employer must pay the foreign worker at least as much as what is typically paid in the region for that type of work as determined by the Department of Labor.

Protect Working Conditions: Employers cannot use H-1B workers to break a strike and must notify their US workforce when they hire an H-1B worker.  Foreign workers must have the same working conditions as their US counterparts, including hours, shifts and benefits.

Recruit in the U.S. and not displace U.S. workers: Employers who hire a lot of H-1B workers must first try to find US workers before they can hire an H-1B.  They must attest that they are not hiring the H-1B if they have laid off or displaced a similarly situated US worker.

Subject to Penalties: Failure to comply with DOL regulations can result in an audit, civil and administrative penalties and payment of back wages.

What is the procedure to obtain H-1B visas?
It is a 3-step procedure: (1) obtain a Prevailing Wage; (2) file the Labor Condition Application; and (3) file the H-1B petition.

How do I begin the process?
Send an email to eliz@calderonlaw.com  and request a Questionnaire (includes a list of documents required) and Fee Agreement to start the process.

GREEN CARD

What is the Green Card?
The green card is also known as Permanent Residence in the United States.

Who may apply for a Green Card?
An Employer may sponsor an employee for a green card.

What is the procedure to get a Green Card and how long does it take? It is a 3-step procedure:

1.  Labor Certification: is filed with the Department of Labor where you live and work.  The length of time it takes for an approval depends upon the state and region where the DOL is located.  The DOL will issue a receipt which states the Priority Date.

2.  Immigrant Petition: after the Labor Certification is approved, then the employer may file for the Immigrant Petition.  The length of time for approval varies between 4-8 months.

3.  Adjustment:  after the Immigrant Petition is approved and the Priority Date is current, the Adjustment petitions may be filed.  When the Adjustment is date stamped (receipt), the applicant may apply for his Work Permit.  Actual receipt of the green card may take a year or longer.

How do I apply for a Green Card?
If your employer is willing to sponsor you, application may begin at any time.

Do I have to currently work for the employer?
No, you may be employed by another employer.

What is the Employer’s responsibility to be a Sponsor?
The employer must make a valid job offer at the Prevailing Wage (as determined by the DOL), be willing to sign the Petitions, post the job at the employment site, and advertise the position in the newspaper.

How do I start the process?
Send an email request to eliz@calderonlaw.com  to begin the process, obtain a Questionnaire and a Fee Agreement.