Consultancy Services

IMMIGRATION ISSUES

U.S. immigration law is very complex and ever changing. Anyone who has ever dealt with the Bureau of Citizenship and Immigration (BCIS), formerly the Immigration and Naturalization Service (INS), also knows that a federal mega-bureaucracy exists to facilitate enforcement of immigration laws and control the flow of immigrants into the country. What this means in practical terms is that nothing relating to immigration is quick or painless.

Longwood University policy 5218, Guide to Employment of Foreign Nationals, located in the Longwood University Administrative Policies and Procedures Manual is an excellent resource for hiring managers and search committees wishing to understand the law, the various visa status', and their implications on our local hiring process.

New employees who are foreign citizens should make early contact with the Human Resources Office.  But above all, make prompt acquaintance with a competent immigration attorney. Most faculty are contracted early in the calendar year and have four (4) to six (6) months to traverse the process of visa acquisition. Your employment is conditioned on your ability to lawfully work in the United States at the beginning of the new school year (mid-August). Citizens of Canada and landed immigrants of Canada may take advantage of a special arrangement made possible by the North American Free Trade Agreement (NAFTA), which translates into highly expedited entry privileges into the United States to work under TN visa status.

This transitional period for new employees who are foreign citizens can be frustrating and cause apprehension. The Human Resources office can serve as a resource to you in generally understanding the process, obtaining documentation you will need from your academic department, employment documentation, etc. We can also help you get settled in the area by providing you with important information on the area, available housing, schools, and other contact information you will need during your first days here. Don't hesitate to call or write. Once you arrive on campus, you will need to visit our Payroll office, to complete employment and taxation paperwork. 

We urge you to also visit our Human Resources web site, which can provide you with more useful information on the University and the Farmville community.

Frequently Asked Questions 

(Disclaimer: These answers are not intended to be legal advice and should not be construed as such. Law changes quickly in this area, as do implementing policy and regulations. Application of law can also vary wildly depending on jurisdiction, facts, and individual circumstances. Follow your attorney's advice.)

What should my visa status be? There are many visa status', but new tenure-track teaching faculty who are foreign nationals normally apply for H1-B status. J-1 status is inappropriate for tenure track faculty. Also bear in mind that citizens and landed immigrants of Canada will want to consider the TN visa status.

How much can I expect to pay an immigration attorney for my H1-B visa work?  
The going rate varies, but $800-$1,600 would be a fair estimate. Shop around, but bear in mind that rock bottom rates often equate to processing delays due to retention of legal counsel who is inexperienced or unfamiliar with immigration law. Sometimes paying a little more saves headaches down the road, and try to avoid hourly rates.

Must the attorney representing me be a resident of Virginia or anywhere else in particular?  
No. Most of the work can be done by fax, phone and mail. If you are anticipating complications, however, it might be advantageous to make face-to-face discussions possible.

When can I apply for permanent residency (Green Card status)? Well, bear in mind that foreign citizens entering the U.S. to work initially, enter to work temporarily. Your purpose in accepting temporary employment in the U.S. cannot be to obtain permanent work or residency. Representing this at the border can pose problems for you. The H1-B is a non-immigrant category and requires an intent by the employee and the employer that the placement be temporary. If either party fails to show temporary intent, status will be denied. It is not necessary for the actual position to be temporary. Employers need only demonstrate that the placement be temporary. Both the INS and the State Department recognize the concept of "dual intent". You can simultaneously intend to work temporarily now, and at some later date work permanently. Your H1-B will be good for a maximum of 6 years. You have plenty of time to consider whether that might be a future possibility. Come here. Be successful in your work. And experience life here first. And just for the record, the Green Card is no longer green.

If I have an H1-B for one employer in the U.S., can I lawfully work for another employer at the same time on that H1-B?  
No. You would need to get a second H1-B from that employer. You can hold more than one visa status simultaneously. You are technically a beneficiary and the employer "owns" the visa. That is important to understand.

What if I come here to work for you and find a better job with another employer?  
Apply for a new H1-B for that employer.

How long does it take to get an H1-B?  
Sixty (60) to one hundred twenty (120) days would be a good estimate, provided you and/or your attorney do everything right the first time. Bear in mind that applications are rejected for such minor things as out of date forms, so double-check everything and err on the side of including too much information.

If I get promoted, do I need a new H1-B visa?  
Technically, yes. But in real life, if the jobs are substantially similar in scope and character, a simple letter from the employer to INS should suffice. This is a judgment call.

What if I get fired? Do I lose my visa? 
You go home if you have no new employer and another valid H1-B from that employer. The employer firing you, however, is obligated to pay your airfare to your country of residence, however.

Under those circumstances, how long would I have to leave? 
Ten (10) days after the validity period ends.

I have an H1-B visa which is for three (3) years.  I thought I had a maximum of six (6) years.  How do I get the other three (3)? 
Your employer is free to decide how long the visa period covers -- up to six ( 6) years.  Many employers file for a one (1) year H1-B initially. It can be extended. Extending it is just like filing for a new H1-B. I'd recommend that filing for an extension begin no later than three (3) months before expiration of the current visa.

If my job becomes part-time, do I lose my H1-B status?  
No. Part-time employees are eligible for H1-B status. Just bear in mind a letter from the employer to BCIS (formerly the INS) mentioning the change would be the least that should be done.

The following are other immigration-related web sites which might be of interest to individuals with immigrations issues:

Longwood University Administration Policies and Procedures Policy 5218: Guide to Employment of Foreign Nationals

Bureau of Citizenship and Immigration Services (formerly the INS) web page (laws and regulations, statistics, news)

The American Immigration Home Page (A Historical Perspective)

American Immigration Resources on the Net

Downloadable Immigration Forms

Text of the Immigration and Nationality Act as amended