Getting your Visa E-3 Visa (Visas for Australian Nationals) Office of Student Diversity (J-1 and F-1 visas) Notification of Change in Duties and Termination ( Adobe PDF) Graduate Medical Education (ECFMG J-1 visas for foreign medical graduates interested in residency programs)
H-1B Visa (Checklist) Who needs to file an H-1B petition? When do I need to file for an H-1B petition? Can an employee seek both Permanent Residency and a H-1B status at the same time? Will MCG petition for my dependents? Who can be considered an H-4 visa holder? Can an H-4 visa holder work while in the U.S?
O-1 Visa (Checklist) How does USCIS define a person of extraordinary ability? Who needs to file an O-1 petition? When do I need to file for an O-1 petition? Can an employee seek both Permanent Residency and O-1 status at the same time? Will MCG petition for my dependents? Who can be considered an 0-3 visa holder? Can an 0-3 visa holder work while in the U.S.?
(Permanent Residency) Green Card (LPR Checklist)
What does it mean to have a "green card?” How does one get lawful permanent resident status? What is the procedure for employment based LPR status and how long does it take? Why do some applications take several years? If I want MCG to help me get LPR status based on employment, what do I do? If my LPR is approved, how long must I work at MCG after I get the status? Do I have to go through MCG to get LPR status? Can I just do it myself?
Helpful Links Employment Authorization Document (EAD - Form I-765) Green Card Renewal/Replacement Information for New Green Card Holders Business Visa Center: Information on B-1/B-2 Visas U.S. Consulates and Embassies worldwide Foreign Credential Evaluation Companies (NACES Members) Foreign Credentials Service of America Educational Credentials Evaluators, Inc. Global Credential Evaluators, Inc.
Joseph Silny & Associates, Inc.
Test of English as a Foreign Language
(TOEFL) Tax Information for Non-resident aliens (Sources) MCG Office of Non-Resident Alien Tax Compliance
H-1B Visa
The H-1B nonimmigrant category was
established for alien personnel who temporarily come to the U.S. to perform
services in “specialty occupations” for which the alien employee is
qualified. A “specialty occupation” is defined as work that requires:
theoretical and practical application of a body of highly specialized knowledge,
and attainment of a minimum of a bachelor’s degree as a requirement for the
specialty occupation.
Who needs to file an H-1B petition? An H-1B petition permits employment of an individual only for the employer who files the petition. MCG will only petition for personnel whom MCG wishes to employ. See the H-1B Department Request (pdf form) for specific information on how to file. The hiring department must begin this process on behalf of new and continuing personnel.
When do I need to file for an H-1B Petition? On average, it takes 60 – 180 days for USCIS to approve an H-1B petition once it is submitted. If the alien employee is not currently in the U.S., the process to obtain an H-1B visa requires additional time. It is recommended that the hiring department, as well as the applicant, submit all necessary documents and information to begin the H-1 process at least 4 months before the expected start date of the alien employee.
An initial H-1B petition can be approved for a maximum of three (3) years with the possibility for extensions up to a maximum period of stay under an H-1B of six (6) years.
Can an employee seek both permanent Residency and H-1B status at the same time? Yes. Permanent Residence is considered an immigrant category, while an H-1B is considered a nonimmigrant category. The H-1B is not a prerequisite for Permanent Residence.
Will MCG petition for my dependents? Yes, MCG will petition for your dependents. However, the USCIS filing fee of $300.00 (subject to change) is to be paid by the employee.
Who can be considered an H-4 visa holder? Qualifying H-4 members are the spouse and any unmarried children under 21 years of age of the principal H-1 visa holder.
Can an H-4 visa holder work while in the US? No. An H-4 visa holder cannot legally work in the United States but may engage in full- or part-time study.
O-1 Visa
The O-1 nonimmigrant category was established for alien with extraordinary ability in three different categories:
1) Aliens of extraordinary
ability in the sciences, education, business, and athletics
MCG
will petition for people who are eligible for category 1. 1) In order to petition for the O category, MCG must comply with the following regulations: The potential O-1 employee must be hired into a position in the field of expertise as outlined in the documentation that proves extraordinary ability. 2) MCG must obtain a written advisory opinion from an appropriate peer group, labor organization, or management organization in the area of the alien’s ability. A “Peer Group” is a group or organization, which is comprised of practitioners of the applicant’s occupation. However, if no such organization exists, the advisory opinion may be waived. 3) MCG is responsible for the reasonable cost of return transportation of the O-1 employee if s/he is terminated for reasons other than voluntary resignation. Once the USCIS grants the petition, the alien employee must obtain an O-1 nonimmigrant visa stamp from a U.S. Consulate to travel in and out of the U.S.
How does USCIS define a person of extraordinary ability? To qualify as an O-1 in the sciences, education, business and athletics, the alien must be one of the small percentage of persons who has risen to the very top of his or her field of endeavor. The alien must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise by providing evidence of: 1) Receipt of a major, internationally-recognized award, such as the Nobel Prize, or 2) At least three (3) of the following forms of documentation: -Receipt of lesser of nationally or internationally recognized prizes or awards for excellence in the field of endeavor -Membership in associations in the field which require outstanding achievements of their members (as judged by recognized national or international experts in the discipline or fields) -Published material in professional or major trade publications or major media about the alien concerning the alien’s work in the field (include the title, date, and author of such published material, and any necessary translation) -Participation on a panel, or individually, as a judge of the work of others in the field -Letters and affidavits from prominent colleagues who can confirm applicant’s scientific, scholarly, or business-related contributions of major significance in the field -Authorship of scholarly articles in the field in professional journals or other major media -Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation -Other comparable evidence
Who needs to file an O-1 petition? An O-1 petition permits employment of an individual only for the employer who files the petition. MCG will only petition for personnel whom MCG wishes to employ. See the O-1 Department Request (pdf form) for specific information on how to file. The hiring department must begin this process on behalf of new and continuing personnel.
When do I need to file for an O-1 Petition? On average, it takes 60 – 180 days to obtain an O-1 petition. If the alien employee is not currently in the U.S., the process to obtain an O-1 visa adds additional time. It is recommended that a petition be filed with the USCIS between 45 days and four months before the employee will begin services.
Period of Validity
The O-1 petition is valid for the period of time necessary to complete the event or activity, not to exceed three years initially. Requesting an Extension MCG can extend employment of the O-1 alien in order to continue the same event or activities specified in the original petition for increments of one year at a time. MCG must submit a written statement explaining the reasons for the extension.
Can an employee seek both permanent Residency and O-1 status at the same time? Yes. Permanent Residence is considered an immigrant category, while an O-1 is considered a nonimmigrant category. The O-1 is not a prerequisite for Permanent Residence.
Will MCG petition for my dependents? Yes, MCG will petition for your dependents. There is a fee that must be paid by the beneficiary.
Who can be considered an 0-3 visa holder? Qualifying O-3 members are the spouse and any unmarried children under 21 years of age of the principal O-1 visa holder.
Can an 0-3 visa holder work while in the US? No. An O-3 visa holder cannot legally work in the United States but may engage in full- or part-time study.
(Permanent Residency) Green Card What does it mean to have a "green card?” The full name is Lawful Permanent Resident (LPR) status. It is often referred to as a green card because for many years the card which was evidence of that status was green. Over the years the color has been changed to blue, pink, or white depending on the year of issue. Persons who hold this status are permitted to remain in the U.S. permanently and to live and work wherever they wish. In general LPR's have the same rights, privileges, and responsibilities as U.S. citizens. LPR's may buy and sell property, own and operate businesses, and may be drafted into the military if a draft is in effect. A few rights, privileges, and duties do not apply. LPR's may not vote in government elections, nor serve on juries at trials, nor hold some elected offices or government jobs.
How does one get lawful permanent resident status? There are three general avenues to LPR status: close family relationship to a U.S. citizen or LPR which qualifies in one of the family-based preferences; having education, skills, or talents which are in demand in the U.S. and which qualify in one of the employment-based or profession-related preferences; humanitarian applicants. The most common routes at educational institutions are the employment based preferences, which usually require a permanent job offer. No specific job offer is required for certain persons of international renown or whose work is in the national interest of the U.S., however, a job offer is usually required to show that one can support oneself and is not likely to "become a public charge," such as going on Welfare or taking other public assistance funds.
What is the procedure for employment based LPR status and how long does it take? It is a four step process which takes 3 to 5 years or longer depending on one's qualifications and the backlog of work at U.S. labor, consular and immigration offices. Step 1: PERM Labor Certification (ETA 9089) filing with US Department of Labor (DOL). The employer must file with the DOL and obtain from them a labor certification confirming that the employer has made a bona fide search for a U.S. citizen or resident to do the job and that no qualified U.S. worker is available. Processing times vary depending on the kind of job offered and the kind of advertising that must be done. EXCEPTION: Outstanding tenured or tenure track faculty and outstanding researchers are exempt from the labor certification process. To prove the case of an outstanding professor or researcher the employer must establish that the alien is "internationally recognized" as outstanding in an academic field. Such documentation and evidence submitted for this type of case must show that the alien is "one of the small percentage of persons who have risen to the top of their field of endeavor." Step 2: Form I-140 Preference Petition filing with the US Citizenship and Immigration Service (USCIS). Using the approved Labor Certification as a supporting document, the employer must show that the alien employee is qualified for the job, holds the appropriate degrees, and has the required experience as described in the Labor Certification. Processing times vary depending upon the USCIS workload.
Step 3: Form I-485 or Consular Application for LPR status
filing.
Step 4: Adjudication by USCIS.
Why do some applications take several years?
The U.S. Congress has set a limit on the number of people who
can immigrate to the U.S. each year. This total is divided into
groups such as family-based, employment-based, etc., as
indicated above. It is further divided into preferences within
each of those groups. For example there are several
employment-based preferences. Preference one (EB1) is for professors, researchers, and others who are outstanding or of international renown and for certain executives of international corporations.
Each preference is assigned a percentage of the total number of immigration spaces available. This helps ensure that one large preference group does not use up all of the spaces leaving none for the other preferences. As a further limitation, a designated number of people are permitted to emigrate from any one country each year. This helps ensure that there is diversity in the immigrant population, that people from every country have a chance to immigrate, and that no one country or group of countries may use up all of the spaces available. LPR status is given out on a strict "first-come, first-served" basis determined by the date on which a labor certification is filed or the date a preference petition is filed if no labor certification is required. Because of the preference limitations, the spaces for certain preferences and for certain countries will be used up every year. There may be twice as many or even 10 times as many people qualified for LPR status as there are spaces available. When this happens the preference is said to be oversubscribed and people may have to wait for years before a space opens up. Some preferences may be oversubscribed for all countries. Other preferences may be oversubscribed for a few countries because those countries have already sent their annual limit. For more information on preference categories and backlog times see the "Visa Bulletin" on the Department of State home page at http://travel.state.gov/visa_bulletin.html.
If I want MCG to help me get LPR status based on employment, what do I do? All personnel should review the IPSO PR web pages and then ask their department to sponsor them and complete the LPR Department Request form.
If my LPR is approved, how long must I work at MCG after I get the status? The labor certification we file for an employee is not for the current job. It is for a job that will be available in the future after the employee gets LPR status. It may be exactly like the current job, but it is technically a different job. After the employee gets LPR status, s/he must work for the employer for some period of time. If the employer does not offer the job or the employee does not take the job, then the question is raised as to whether the entire application was fraudulent. The law does not specify how long the employee must stay in the job. We recommend that if you plan to work for less than 6 months after receipt of LPR status that you consult an immigration attorney to discuss the consequences of leaving MCG employment and measures you might take to ensure that your resignation will not cause future immigration or citizenship difficulties.
Do I have to go through MCG to get LPR status? Can I just do it myself? You CANNOT do the labor certification or employment-based immigrant petition (I-140) for yourself. It must be done by MCG as your employer. "Internationally renown," "national interest," and "investor" petitions may be filed without the support of an employer. We strongly recommend legal assistance if you choose to self-petition in these categories. You CANNOT do a family-based petition for yourself. The United States citizen relative or lawful permanent resident relative must file the petition for you.
The TN (Trade NAFTA) category was developed as part of the North American Free Trade Agreement (NAFTA), to facilitate the entry of Canadian and Mexican citizens to the United States to engage in professional business activities on a temporary basis. Only certain occupations as specified in Appendix 1603.D.1 of the NAFTA treaty can serve as the basis for TN employment. Both Canadian and Mexican citizens can be admitted to the United States in TN status in increments of up to one year. Extensions of stay are also granted in up to one-year increments. There is no cumulative time limit on the time a Canadian or Mexican citizen can be in TN status. Status can be renewed each year indefinitely, provided the stay remains temporary in nature.
E-3 Visas for Australian Nationals The E-3 visa category is designated for Australian professionals coming temporarily to the U.S. to perform services in a specialty occupation which is defined as an occupation which requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree for the specific specialization (or its equivalent in experience). The Department of Labor (DOL) is involved with the E-3 visa application and employers bear a certain liability. Employers must make attestations about the wages for E-3 positions and they must guarantee the return fare home if an E-3's employment is terminated before the end of the period of authorized stay.
A Labor Condition Application must be filed and approved
by the Department of Labor and posted within the MCG department before
the alien applies for an E-3 visa at a U.S. consulate in Australia. As
in the case of H-1B petitions, the Labor Condition Application requires
that departments certify that the salary being paid by the department to
the E-3 applicant is the higher of the prevailing and actual
wage. The initial E-3 visa may cover a period of up to two years. It may be renewed indefinitely, provided the alien is able to demonstrate that he/she does not intend to remain or work permanently in the United States.
-Once an employee is in E-3 visa status at MCG, IPSO
must be informed in writing of any substantial changes in employment,
such as a new location, different duties, change in salary, or change in
the source of funding. MCG may be required to file a new Labor
Condition Application.
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