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Brown Immigration Law LLC
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
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
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
Brown Immigration Law LLCServing your Best and Brightest
