2. Optional Practical Training
What is OPT?
12 months post graduation; no H1B required
Post Completion of University
DSO endorses I-20
Student files I-765
Student works after approval of I-765
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3. Optional Practical Training
Certain students can receive 17 month
extension beyond their 12 month OPT = 29
months
F-1 Students who
Receive STEM degrees included on STEM
designated Degree Program List
Employed by E-verify enrolled users
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5. H-1 B
Option for filing:
Legal expertise is required?
Contact an immigration attorney
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6. H-1B
Specialty Occupation
Theoretical and practical application of body of
highly specialized knowledge
MBA, Engineers, Researchers, Accountants,
Computer Techs, other professional positions
3 year periods of stay
6 year maximum
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7. Legal Requirements: What do Employers
need to do?
Preparing the petition
Job description
Resume and degrees
Labor Condition Application
Prevailing/actual wage
Public file
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8. LCA Requirement
Employer attests to four (4) Labor Condition Statements:
Wages
higher of the actual wage or the prevailing wage
pay the fee the required wage for time in nonproductive status
Ee offered benefits and eligibility for benefits on the same basis as
U.S. workers
Working Conditions
No adverse effect
EE afforded working conditions on the same basis as similarly
employed U.S. workers
Strike, Lockout, or Work Stoppage
No strike, lockout, or work stoppage in the course of a labor dispute
on the day the LCA is signed and submitted
If strike, lockout, or work stoppage occurs after the application is
submitted, employer will notify the DOL within three (3) days and
LCA will not be used in support of H-1B until DOL determines that the
strike, lockout or work stoppage has ceased.
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9. LCA Requirement
Notice
Notice of LCA has been provided to workers
employed in the named occupation.
Notice provided either through
physical posting for 10 consecutive business days in a
least two (2) locations where H-1B ee will work or
electronic notification
notice must commence prior to filing the LCA with the
DOL
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10. Public File
Certified LCA and Cover Pages
Wage Rate Statement
Actual Wage
payroll records need not be maintained in the
public file, but must be retained and made
available to the DOL upon request
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11. Public File
Prevailing Wage Determination
Posted LCA Notices
Acknowledgment of Receipt of LCA
Benefits Summary
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12. Extension of Stay
Has ee reached the maximum of 6 years
Include all period in H-1B
classification, including periods before
employment with new employer
Once 6 years reached, ee must spend 1 year
abroad before s/he is eligible for H-1B
classification, unless the company has
applied for the employee’s green card
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13. Recapture of H-1B Time
Time spent outside the U.S. does not count
toward the 6 year limit on stay
Time spent abroad may be for any purpose
(i.e. personal or professional)
Time spent abroad may be “recaptured” later
to extend the stay in H-1B classification.
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14. Extensions Beyond 6 Years
Individuals not subject to 6 year limit if:
Work in US on intermittent basis for less than 6
months per year
Commute to U.S. and work in U.S. on intermittent
basis
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15. Extensions Beyond 6 Years—AC21
Two situations
Immigrant visa category is backlogged and
Approved I-140 immigrant petition
3 year extension available
More than 1 extension permitted
365 days or more have passed since the filing of a
labor certification or I-140 immigrant petition
1 year extension available
More than 1 extension permitted
If LC or Immigrant Petition denied or
invalidated, no extension
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16. H-1B Portability
H-1B employee may begin employment for a
new employer upon the filing of a petition
Requires:
H-1B status
Lawful admittance
Engagement solely in authorized employment
Non frivolous petition
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