The government will accept new H-1B applications on April 1, 2015.  This online seminar offers critical information that employers and their sponsored employees need to apply for an H-1B visa. From the convenience of your computer or smartphone, watch this informative tutorial to help you gather and present the proof necessary for the best chance of approval.   Whether you are  a sponsoring employer or sponsored employee, now is the time to learn the tips and tools to navigate the H-1B process smoothly

1. Proving and Winning Your
H-1B Case in 2015
& THOMPSON
JANUARY 29, 2015

2. • Ask Questions Anytime?
• Use your Q&A pane at the
bottom of your screen to type
and send your questions.
?
• Questions will be answered
during the presentation and
during the Q & A session.
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3. Agenda
H-1B Visa Overview
Proving Your H-1B Case
F-1 Student Cap-Gap Rules
Other Visa Options
Post-Approval Alerts

4. H-1B Visa Overview

5. H-1B Nonimmigrant Visas
A nonimmigrant (temporary) visa that
allows a non-citizen to be employed in
the United States for up to 6 years in a
“specialty occupation” for a specific
employer (“petitioner”).

6. What is a Specialty Occupation?
An occupation that requires highly
skilled specialized knowledge and
A bachelor’s or higher degree (or its
equivalent) in the specific specialty as
a minimum for entry into the
occupation

7. Employee Qualifications
Have completed a U.S. bachelor’s or higher degree
(or its foreign equivalent) or
Have education, training, or experience in the
specialty equivalent to the completion of such
degree (3:1 rule) and
Possess full state licensure if required to practice in
the state of employment

8. H-1B Numerical Limitations - “H-1B Cap”
Quota of 65,000 new H-1B visas per fiscal year
(except 6800 Free Trade Act (FTA) nationals)
20,000 per fiscal year for persons who hold US
Master’s degrees or higher
Applies to first-time H-1B or previously cap-
exempt H-1B employees

9. February
Prepare
petition
April 1
Apply for
H-1B
April 7
Lottery
cutoff
May 1
Acceptance
or Rejection
Notices
July
Decision
Notices
2016 FY H-1B Cap Timeline

10. H-1B Cap Exempt Categories
Employers Universities/Colleges
Non-profit affiliates of universities/colleges
Government or non-profit research facilities
Employment For profit employment at universities or their non-profit
affiliated facilities
Physicians Physicians who received government-sponsored J-1
waivers of two year home residency requirement

11. Proving Your H-1B Case

12. 1 Specialty Occupation
2 Employee Qualifications
3 Employer-Employee Relationship
4 Valid Job Offer and Company
5 H-1B Cap-Exemption

13. Detailed Job Description
Daily duties and percentages of
time spent on duties
Similar positions in the industry or
in your business
Proof of Specialty Occupation

14. Organizational chart with job
descriptions of other positions
Expert opinions and reports
Professional associations
Proof of Specialty Occupation (cont.)

15. Proof of Employee Qualifications
Diplomas and Degrees
Employment Experience Letters
Credential Evaluation or Expert Opinion
Professional License, if applicable

16. Employer- Employee Relationship
Employment Contract/Offer Letter
Employee Manual/Benefits Summary
Performance Review
Client Contracts/Work Orders
Pay Records/W-2/Work Schedule

17. Proving Valid Job Offer and Position
Federal Tax Returns
Unemployment Tax Reports
Organizational Charts
Payroll Records
Company History

18. H-1B for the Self-Employed or Business Owners
Employer-Employee Relationship
Company Structure – Corporation/LLC
Board of Directors - hire, fire, or
otherwise control owner
Specialty occupation required

19. http://fedgov.dnb.com/webform
Validation Instrument for Business Enterprises (VIBE) Program
VIBE allows
USCIS to
electronically
receive
petitioning
company
information from
D&B
Business activities
Financial standing, e.g. credit rating
Number of employees, both on-site and globally.
Relationships with other entities
Type of office, e.g. single office
Type of legal entity.
Company executives.
Date of establishment
Current physical address.

20. Proving H-1B Cap-Exemption
Higher Ed Public or Non-profit
Associate degree or higher
Proof of Accreditation
Non-Profit &
Affiliated
w/Higher Ed
501(c)(3) exemption letter
Agreement with Higher Ed, e.g. Clinical Training
Supporting letter from Higher Ed
Third-Party
Employment
Agreement with Higher Ed or Non-Profit Affiliate Org
Supporting Letter from Exempt Facility
Educational or non-profit purpose

21. Proving H-1B Cap-Exemption (cont.)
As of March 2011, USCIS will honor previous determinations of
cap exemption if employer provides:
A copy of the previously approved cap-exempt petition
(relevant pages of the Form I-129 and pertinent supplements);
A copy of the Form I-797 approval notice (issued after June 6,
2006) for the affiliation-based cap exempt petition; or
Documentation previously submitted with a petition in support
of the claimed cap exemption.

22. F-1 Student Cap-Gap
Rules

23. Cap-Gap Rules for F-1 Students
Prevents gap between F-1 expiration and H-1B start date, in most cases.
If student has active OPT, can work until September 30, 2015 and remain in U.S.
until H-1B decision is made. If H-1B approved, student can continue or resume
work using H-1B visa. If H-1B denied, 60 day grace period begins on date of denial.
If student has expired OPT and H-1B is filed before expiration of 60 day grace
period, student can remain in U.S. until H-1B decision. No work authorization
during this period. If H-1B is approved, student can begin work. If H-1B denied,
student must leave the U.S.

24. Other Visa Options

25. TN – Trade NAFTA for Canadian and Mexican professionals
E-3 – Australian professionals
E-2 – Treaty investor essential personnel and managers
H-1B1- Professional from Chile and Singapore
J-1 – Exchange visitors for training
L-1- Transferees from foreign affiliate companies
O-1 – Extraordinary Ability professionals at the “top of the field”
F-1 OPT STEM extension – 17 month extension
Green card options - PERM labor certification, EB-1 extraordinary ability,
national interest waiver, and others

26. Post-Approval Alerts

27. International Travel
Visa Processing at U.S. Embassy
(www.usembassy.gov)
Administrative Processing Delays
Petition Returns

28. USCIS Audits
Random Selection
Unannounced Employer Site Visit
Email Demands for Documents

29. Preparing for a USCIS Site Visit
Step 1
Review the H-
1B petition
Step 2
Prepare
compliance
evidence file
for inspector
Step 3
Identify
company
representatives
who will meet
with auditors
Step 4
Establish site
visit
procedures for
reception,
clients, and H-
1B employee
Employers
Take these steps
immediately after
the approval of your
H-1B petition to
prepare for a surprise
site visit from the
USCIS.

30. Potential Consequences of Negative Findings
Denial of Pending Petition
Notice of Intent to Revoke Previously Approved Petition
Revocation of Previously Approved Petition
Criminal Penalties
Civil Fines

31. Legal Notice
The information provided in this presentation is
general in nature and should not be relied upon for
specific situations. Because each case is different, you
should consult with an experienced immigration
attorney for your specific situation.

32. Prepare Now
Consult with an immigration attorney.
Gather necessary documents and information.
Prepare and conduct final review of H-1B petition.
File H-1B petition on April 1.

33. Questions? Comments?
Cowles & Thompson
901 Main Street, Suite 3900
Dallas, Texas 75202
214-672-2000 Telephone
214-672-2020 Facsimile
immigration@cowlesthompson.com
www.cowlesthompson.com
www.badmuslaw.com