H 1 primer for cap filing season
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Transcript of H 1 primer for cap filing season
![Page 1: H 1 primer for cap filing season](https://reader036.fdocuments.us/reader036/viewer/2022062513/5561909bd8b42a91778b5108/html5/thumbnails/1.jpg)
Brown Immigration Law LLC
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Most widely used work authorized status option
Permits employment for one or more employers (with concurrent H-1)
Subject to quota (65k new annually) or quota exemption (master’s degree vs. qualifying school/affiliated non-profit)
Permits dual intent – 1) intent to remain temporarily to work; 2) permanent intent (to seek a green card)
Allows a wide range of professions – if licensed profession, then need license (limited exception)
File with USCIS for approval, then seek visa at consulate
Available for premium processing – if speed is an issue
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Individual must possess qualifying degree or degree equivalent Position must be a degreed position Degree required must be in specific specialty How do we prove degreed position: Norm in the industry; norm for
the particular position; norm for the employer; or duties are so complex that a degree is required
Employer must pay at or above prevailing wage or actual wage – whichever is higher
LCA must be submitted and posted as prefilling obligation Must certify ITAR/Export Control compliance
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Initial grant is for 3 years with 3 year renewal Extensions past six years based on commencement of green card prior to
start of year six If green card not sought then must leave for a year before returning AC21 portability for those in H-1 status, who don’t work without
authorization and seek transfer to new employer Quota/Cap exempt transferring to cap subject employment requires
perfect timing Not available for all professions – notably nurses who can be qualified
based on an associates degree Approval tied to employer and location Small companies receive additional scrutiny because of fraud concerns
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Brown Immigration Law LLCServing your Best and Brightest