lynn kroner, margaret murphy, spring, 2013 bechtel international center h-1b best practices: how to...

Lynn Kroner, Margaret Murphy, Lynn Kroner, Margaret Murphy, Spring, 2013Spring, 2013

BECHTEL BECHTEL INTERNATIONAL INTERNATIONAL

CENTERCENTERH-1B Best Practices:

How to assure quick processing of your

employment visa request

H-1B Basics 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

Job title not appropriate to Employment Category. Check with your local HR if you’re not sure which job title/employment category to use.

Job description not descriptive enough. Should be concise yet descriptive of what employee will do.

Previous visa/immigration data is incomplete or incorrect

Number of dependents should only reflect dependents who will change to or extend H4 status. No US citizens.

Future travel plans information incomplete or not noted

Start/end dates must be realistic, accurate and match dates in cover letter & appointment letter to be included in petition

Other discrepancies between info in workflow and documentation submitted

Common workflow data problems

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)

• 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