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Avoid mistakes when preparing to hire or transfer non-citizen employees. An overview of the types, requirements, and drawbacks of the different types of Employment-Based Visas

Thursday,
July 22, 2021
Time:
10:00 AM PDT | 01:00 PM EDT
Duration:
90 Minutes
Webinar Id:
30877
Register Now

Live Version

$149. One Participant
$299. Group Attendees

Recorded Version

$199. One Participant
$399. Group Attendees

Combo Offers

Live + Recorded
$299 $348   One Participant

Live + Recorded
$599 $698   Group Attendees

Group Attendees: Any number of participants

Recorded Version: Unlimited viewing for 6 months ( Access information will be emailed 24 hours after the completion of live webinar)

Overview:

The primary topic of the webinar is employment-based visas for non-immigrants (temporary workers, intra-comp-any transfers, and workers of varying skill levels), as well as student visa, authorized employment and immigrants, residents, and internships, and then employment-based visas for immigrants through the EB visa program.

We will review each category of employment-based visas, the employer requirements for each category, and the relevant timelines for applying for Optional Practical Training, the timing and methods for obtaining prevailing wage determinations when necessary, and timing for filing labor condition applications.

We will cover the differences between the visa categories, including when filing an L-Visa for intra-company transfers is warranted or even preferred to the H and EB visa programs. We will also touch on the O-visa category for workers of extraordinary abilities, and the investor visa program.

Finally, we will discuss the obligations placed on employers who choose to petition for authorization to hire non-citizens. These include documenting recruitment efforts, the mandatory wage requirement, travel cost liability, application fees, and other hard and/or soft costs incurred by employers.

In addition to the employer considerations in selecting which visas we will cover the employee considerations, chief among which is the duration of stay allowed under each category and whether extensions are available and what is required to apply for an extension.

Finally, we will cover the process for petitioning for permanent residency on behalf of a non-citizen employee, recertifying the labor conditions as may be required by law, and the timeline for petitioning vis-a-vis the maximum length of stay allowed under each category of non-immigrant visa.

Why you should Attend: The decision to hire non-citizen employees is an important one with potentially significant consequences for the employer, employee, and even the surrounding community. While the statutes that regulate employment of non-citizens focus mainly on protected U.S. employees and U.S. job markets, research shows there is often a correlation between the hiring non-citizens in certain business sectors and regional job growth, as these employees go on to form companies of their own, or existing companies innovate in new areas and markets.

Further, the immigration code may impose certain additional responsibilities on an employer or limit the duration an employee may remain in a particular visa category. For example, the employer may have to attest that employment of the non-citizen will not adversely impact wages and working conditions of similarly employed U.S. Citizens, or that the employer was unable to find U.S. workers to fill the position. Others require the employer to comply with wage, benefit, and housing requirements.

Not all employment-based visas are the same. Some are strictly for non-immigrants that will only be present in the U.S. for a few years, and both the employer and employee must take care not to make any representations that could contradict the intent to apply for a non-immigrant visa category. Others are “dual intent” visas that allow the non-immigrant employee to petition for a change of status to permanent resident without penalty later.

While most categories allow the employee’s spouse and minor children to travel with them as derivative beneficiaries, some do not grant the derivative beneficiaries employment authorization, meaning the employee will have to support any derivative beneficiaries on a single income. Some may be subject to certain numerical limits, and the maximum duration of stay ranges from a year to seven years depending on visa category.

Given the degree of variability between the employment visa programs, it is important for the employer to carefully consider it near and long-term goals when hiring non-citizens to ensure it is applying for the proper visa to meet its needs.

Areas Covered in the Session: Non-Immigrant Visas:
  • Study Related N-I Visas
    • OPT and STEM OPT
    • J-1 Visas
    • H-1B
  • Intra-company Transfer N-I Visa’s
    • L-1A Visas
      • Requirements
      • Benefits
      • Limitations
  • L-1B Visas
    • Requirements
    • Benefits
    • Limitations
  • H Visas
    • H-1B
      • Requirements
      • Benefits
      • Limitations
  • H-1B1
    • Requirements
    • Benefits
    • Limitations
  • H-2A
    • Requirements
    • Benefits
    • Limitations
  • H-2B
    • Requirements
    • Benefits
    • Limitations
  • Immigrant Visas
    • EB-1
      • Requirements
      • Benefits
      • Limitations
  • EB-2
    • Requirements
    • Benefits
    • Limitations
  • EB-3
    • Requirements
    • Benefits
    • Limitations
  • EB-4
    • Requirements
    • Benefits
    • Limitations
  • EB-5
    • Requirements
    • Benefits
    • Limitations
  • O-Visas

Who Will Benefit:
  • HR
  • Head of Accounting
  • CEO
  • CFO
Instructor:

Thomas Oglesby immigration experience includes business immigration, such as filing applications for H1B and Investment Visas and conducting I-9 audits for compliance with federal employment authorization verification requirements, and several years defending complex deportation and asylum cases in immigration court, as well as some human rights practice at the Inter-American Commission on Human Rights.


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