1.Cowles & Thompson January 29, 2014

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. 3. PresentersAngela M. LopezAnn M. BadmusThu Nguyen 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 petitioning employer. 6. What is a Specialty Occupation? An occupation that requires highly skilled specialized knowledge and A bachelors 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. bachelors 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 Quota of 65,000 new H-1B visas per fiscal year (except Free Trade Act (FTA) nationals) 20,000 per fiscal year for persons who hold US Masters degrees or higherApplies to first-time H-1B or previously capexempt H-1B employees 9. Fiscal Year 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014H1B Cap Reached Date October 1, 2003 October 1, 2004 August 10, 2005 May 26, 2006 April 3, 2007 April 7, 2008 December 21, 2009 January 26, 2011 November 22, 2011 June 11, 2012 April 5, 2013 10. H-1B Cap Exemption Employers Universities/Colleges Non-profit affiliates of universities/colleges Government or nonprofit research facilitiesEmploymentPhysicians For profit employment at universities or their non-profit affiliated facilities Physicians who received governmentsponsored J-1 waivers of two year home residency requirement 11. Proving Your Case 12. 1 Specialty Occupation2 Employee Qualifications3 Employer-Employee Relationship4 Valid Job Offer5 H-1B Cap-Exemption 13. Proof of Specialty Occupation Detailed Job Description Daily duties and percentages of time spent on duties Similar positions in the industry or in your business 14. Proof of Specialty Occupation Organizational chart with job descriptions of other positions Expert opinions and reportsProfessional associations 15. Proof of Employee Qualifications Diplomas and DegreesEmployment Experience LettersCredential Evaluation or Expert OpinionProfessional License, if applicable 16. Employer- Employee Relationship Employment Contract/Offer Letter Employee Manual/Benefits SummaryPerformance 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 ChartsPayroll Records Company History 18. H-1B for the Self-Employed Employer-Employee Relationship Company Structure Corporation/LLC Board of Directors - hire, fire, or otherwise control owner Specialty occupation applies 19. Proving H-1B Cap-Exemption Higher EdNon-Profit & Affiliated w/Higher EdThird-Party EmploymentPublic or Nonprofit501(c)(3) exemption letterAgreement with Higher Ed or Non-Profit Affiliate OrgAssociate degree or higherAgreement with Higher Ed, e.g. Clinical TrainingSupporting Letter from Exempt FacilityProof of AccreditationSupporting letter from Higher EdEducational or non-profit purpose 20. Proving H-1B Cap-Exemption As of March 2011, USCIS will defer to 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. 21. Post-Approval Alerts 22. International Travel Visa Processing at U.S. Embassy (www.usembassy.gov) Administrative Processing DelaysPetition Returns 23. USCIS Compliance Review Random SelectionUnannounced Employer Site VisitEmail Demands for DocumentsInternet Discussion Boards 24. Preparing for a USCIS Site Visit Step 1 Review the H-1B petitionStep 2 Prepare compliance evidence file for inspectorStep 3 Identify company representatives who will meet with auditorsStep 4 Establish site visit procedures for reception, clients, and H-1B employeeTake these steps immediately after the approval of your H-1B petition to prepare for a surprise site visit from the USCIS. 25. Negative InformationDenial of Pending PetitionReview Previously Approved Petition Additional Proof Further InspectionRevocation of Previously Approved Petition Criminal Penalties Civil Fines 26. 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 27. Legal Notice Facts of individual situations differ. The information provided here is general in nature and should not be relied upon for specific situations. Consult with an experienced immigration attorney to ensure compliance 28. You are invited to contact us for your immigration matters901 Main Street, Suite 3900 Dallas, Texas 75202 214-672-2000 Telephone 214-672-2020 Facsimile immigration@cowlesthompson.co m www.cowlesthompson.com www.badmuslaw.com