The demand for cap-subject H-1Bs is again expected to be high in 2017. Therefore, it is imperative that employers, employees, and their immigration counsel start petition preparations early. Establishing job descriptions, salary, O*Net codes, DOL registration, posting required notices, and credential verification are only a few of the details that must be considered during preparation. What is the H-1B visa? The H-1B visa classification is designed for foreign workers who will be employed in a […]Continue Reading
eTA is a new entry requirement for visa-exempt foreign nationals travelling to Canada by air. It became mandatory on March 2016 and allows Canada to screen travellers before they arrive. What is an Electronic Travel Authorization (eTA)? eTA is a new entry requirement for visa-exempt foreign nationals travelling to Canada by air. It will become mandatory on March 15, 2016 and allows Canada to screen travellers before they arrive. The authorization is electronically linked to […]Continue Reading
What recruitment steps are required under PERM? PERM requires employers to undergo specific forms of recruitment within the six months prior to filing the PERM application. These forms of recruitment include: a 30 day job order with the State Workforce Agency (SWA), an internal notice of filing the job opportunity at the place of employment and two Sunday ads in the newspaper of general circulation. What recruitment documentation is the employer required to keep? The […]Continue Reading
What happens if I am in OPT / F-1 and an employer filed a cap-subject H-1B petition on my behalf?
What happens if I am in OPT / F-1 and an employer filed a cap-subject H-1B petition on my behalf? Most likely the student will need to apply for a cap-gap extension I-20. This is based on a regulatory provision which extends an eligible F-1 student’s status to bridge the gap between the end of F-1 status and start of H-1B status October 1, 2014. This provision allows the student to remain in the US […]Continue Reading
What is PERM? PERM (Program Electronic Review Management) is a system through which employers submit an electronic application to DOL to attest that they have taken the required steps to recruit U.S. workers and that they have been unable to find a qualified U.S. worker for the position. Employers are responsible for keeping documentation of the recruitment and the documentation is submitted to DOL as a result of an audit. Is an employer required to […]Continue Reading
FAQ: Alternatives to Cap-Subject H-1B Petitions While many foreign nationals might have to wait until next April for another chance at H-1B status, the following options should be considered for affected employees: >>Return to FAQ H-1B’s that are Cap-Exempt These include petitions for employment at an institution of higher education, or a related or affiliated nonprofit entity, nonprofit research organization, or governmental research organization and physicians on J-1 visas who receive H-1B status through the […]Continue Reading