Các thông tin về thị thực ( visa) và di trú (immigration)

Công ty cần phải đăng báo tuyển người trong vòng một tháng.
Cần phải chứng minh là có nhu cầu tuyển dụng nhưng không có ứng cử viên địa phương nào phù hợp. Khi đó mới có thể tuyển người nước ngoài.
Chính vì vậy thường những lĩnh vực tuyển người nước ngoài cao nhất là lĩnh vực công nghệ cao, công nghệ thông tin, công nghệ sinh học, y tế, nghiên cứu trong các ngành khoa học cơ bản trong khuôn khổ các viện nghiên cứu của các trường ĐH, quản trị cấp cao hoặc làm chuyên gia phân tích đầu tư, chiến lược. Điều kiện khác là nếu thu nhập dưới $52,000/năm cũng khó xin visa H1-B.
Có thể nói nếu xin visa H-1B cho nghành kế toán, kiểm toán khá khó nếu tự làm vì nước Mỹ hơi có nhiều người trong lĩnh vực này cho nên nhiều chú Mỹ còn phải chạy sang các nước phát triển kiếm việc.
Hãy đến luật sư mất tiền để họ bầy kế cho có cơ hội hơn tự làm.

Hôm nay, lục lọi thấy mấy file tài liệu cũ về vấn đề này. Những cái này lâu rồi cho nên có thể có một số thay đổi. Tài liệu chỉ có tác dụng tham khảo.
Post lên để các bạn có thêm thông tin.

Employer Questionnaire​

1. Company?Ts full name, address and phone number
2. Contact person at company (name, title, extension)
3. Phone number, fax number and e-mail address of contact person
4. Person who will be signing the immigration forms (name, title, extension)
5. Brief description of nature of the business
6. Company?Ts tax ID number
7. Job title and detailed job description (include amount and type of supervision received)
8. Minimum requirements for the position
a. Education - type of degree/s (e.g. PhD., M.A., M.S., B.A., or B.S.) and field of study
b. Experience ?" no. of years in job offered
No. of years in related occupation
Specify this occupation
c. Training ?" no. of years and type of training
d. Licensure
10. Job salary (if per hour, then please provide number of hours per week)
11. Other benefits and their value per year
12. Hours per week in job being offered
13. Number of employees alien will supervise
14. Title of person supervising alien
15. Working con***ions that affect the rate of pay
16. Year company established
17. Gross annual income for the most recent year
18. Net annual income for the most recent year
19. Number of employees
20. Address where alien will work, if not at company?Ts address above
Ở trên quên mất không nói thêm điều kiện khác nữa là, công ty càng lớn xin càng dễ ( ví dụ như Fortune 500), bởi vì những visa dạng này có quota, vì vậy nhiều khi các hãng lớn như IBM, Microsoft, v...v dành phần lớn quota rồi.

Hôm nay, lục lọi thấy mấy file tài liệu cũ về vấn đề này. Những cái này lâu rồi cho nên có thể có một số thay đổi. Tài liệu chỉ có tác dụng tham khảo.
Post lên để các bạn có thêm thông tin.

Employer Questionnaire​

1. Company?Ts full name, address and phone number
2. Contact person at company (name, title, extension)
3. Phone number, fax number and e-mail address of contact person
4. Person who will be signing the immigration forms (name, title, extension)
5. Brief description of nature of the business
6. Company?Ts tax ID number
7. Job title and detailed job description (include amount and type of supervision received)
8. Minimum requirements for the position
a. Education - type of degree/s (e.g. PhD., M.A., M.S., B.A., or B.S.) and field of study
b. Experience ?" no. of years in job offered
No. of years in related occupation
Specify this occupation
c. Training ?" no. of years and type of training
d. Licensure
10. Job salary (if per hour, then please provide number of hours per week)
11. Other benefits and their value per year
12. Hours per week in job being offered
13. Number of employees alien will supervise
14. Title of person supervising alien
15. Working con***ions that affect the rate of pay
16. Year company established
17. Gross annual income for the most recent year
18. Net annual income for the most recent year
19. Number of employees
20. Address where alien will work, if not at company?Ts address above
Ở trên quên mất không nói thêm điều kiện khác nữa là, công ty càng lớn xin càng dễ ( ví dụ như Fortune 500), bởi vì những visa dạng này có quota, vì vậy nhiều khi các hãng lớn như IBM, Microsoft, v...v dành phần lớn quota rồi.

CONFIDENTIAL QUESTIONNAIRE​

PLEASE LEAVE NO BLANKS! IF THE QUESTION DOES NOT APPLY TO YOU WRITE ?oN/A?, AND IF IT DOES APPLY BUT THERE IS NO ANSWER THEN WRITE ?oNONE.? PLEASE CROSS OUT A WHOLE SECTION IF IT DOES NOT APPLY TO YOU.
I. PERSONAL INFORMATION
1.Name (first middle last )
2. Maiden Name
3. Other names used:
4. ***:_________
5. Date of birth: (month/day/year)
6. City of birth:
7. Country of birth:
8. Citizenship
9. Social Security No.
10. Present address:
11. Home telephone no.:
12. Work telephone no.:
13. Permanent address:
14. Alien registration number (A#):
15. Name of spouse (First Middle Last)
16. Date of birth of spouse:
17. Date of present marriage:
18. City and country of present marriage:
19. If you have ever obtained legal permanent residency, was it through marriage to a
20. U.S. citizen or legal permanent resident? _______ _______
yes no
21. Last address at which you and your spouse resided together:
22. Date since you and your spouse last resided at this address:
23. Current address of spouse:
24. Telephone number : Home Work
25. Are you and your spouse residing together? Yes_____ No_____
26. Former Spouse(s): Yes_____ No_____
Information on your former spouses

Last Name First Name Date of Birth Date and place of marriage Date and place of termination of marriage

27. Was your current spouse married before: Yes_____ No_____
Information on former spouses of your current spouse

Last Name First Name Date of Birth Date and place of marriage Date and place of termination of marriage
II. FAMILY INFORMATION
1. How many children do you have?
Children?Ts Information

Name (first, middle, last) *** Date of Birth (mo/day/yr) City and Country of Birth City and country of current residence
( Đây là mấy cái bảng biểu) nhưng khi copy sang nó bị lệch lạc )
2. Parents
Father
Name (first) (last) Date of birth and city and country of birth


Current address (or indicate deceased)
Mother Name (first) (Maiden name) Date of birth and city and country of birth

Current address (or indicate deceased)


III. ADDRESSES
1. Residence for the last five years (list present address first):
From To
Street Address City State Country (mo./yr.) (mo./yr.)
2. Foreign address

3. Last address outside the U.S. of more than one year:
Street Address City State/Province Country
Dates lived there: From To ___________
(month/year)
4. Country of last residence before your most recent entry into the U.S.:
IV. VISA INFORMATION
1. Date of LAST entry into the U.S.: month/ day/year
2. Port of entry into the U.S
3. Name of vessel or other means of travel:
4. Passport No.:__________ Where issued:
5. Type of visa:
6. Place where visa issued:
7. I-94 card (Arrival/Departure Card) no.:
8. Was your permanent residence ever revoked for being outside the U.S. for more than one year?
9. If yes, give the approximate date of revocation:
V. TAX INFORMATION
1. Have you filed taxes in the last three years?
2. If yes, what year did you most recently file tax returns?
VI. EMPLOYMENT HISTORY (for the last five years, list most recent first)
Employer?Ts
Name Employer?Ts
Address Job Title Salary Hours
Per
Week Dates of employment
(month/yr
- month /yr)






Last occupation abroad:


Job Title:
Name and address of employer:

Dates of employment: From ________ to _____
month/year month/year

VII. EDUCATIONAL INFORMATION
Please list trade schools, colleges and/or universities attended (most recent first)
From To
Name City & Country Field of Study (mo/yr) - (mo/yr) Degree

VIII. POLITICAL, SOCIAL & RELIGIOUS ORGANIZATIONS AND MILITARY SERVICE: Please list all such organizations of which you are or have been a member, including military service.
Name Address Position Dates of membership

IX. Miscellaneous Questions
1. Have you ever been in exclusion, deportation or removal proceedings?
2. If so, when and where?
3. If so, what was the outcome?
4. Have you ever been removed, excluded or deported?
5. If yes, when did this occur?
6. How much time elapsed before you reentered the country?
7. How did you reenter the country after you were removed, excluded or deported (with a visa or without inspection)?
8. Have you ever changed or extended your immigration status?
9. If so, when and from what status to what status?
10. Are you subject to the two-year foreign residency requirement of the J-1 visa?
11. If so, have you obtained a waiver of that requirement?
12. Have you ever applied for legalization?
13. If so, when did you apply and what is the status of your application?
14. Have you ever applied for asylum?
15. If so, when did you apply and what is the status of your application?
29. Please list all the time you have spent in the U.S. and in what status. Please note any time you overstayed a visa or violated the terms of a visa. If you ever entered the U.S. without inspection, please note under ?otype of visa? below.
Period in the U.S. Type of visa (or write ?onone?) Overstay or violation of visa
30. Do you have a criminal record? _______ _______
yes no
If yes, then please write the type of crime, date of conviction, court of conviction, sentence or punishment, any vacation or expungement of the conviction
31. Have you ever falsely claimed yourself as a U.S. citizen? _________ _________ Yes No
32. If you answered yes, then when did you falsely claim U.S. citizenship?
33. Have you ever worked without authorization in the U.S.? _______ __________
yes no
34. Have you ever applied for legal permanent residency (green card application after obtaining an approved immigrant visa petition)?
35. If yes, then when and where did you apply and what was the outcome?
36. Have you ever applied for work authorization (e.g. pursuant to F-1/F-2 student visa practical training?
37. If yes, then when and where (which INS office ?" city/state) did you apply and what was the outcome (granted,denied)?
38. Have you ever, in or outside the U.S.:
a. Knowingly committed any crime of moral turpitude or a drug-related offense for which you have not been arrested?
b. Been arrested, cited, charged, indicted, fined, or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?
c. Been the beneficiary of a pardon, amnesty, rehabilitation decree, other act of clemency or similar action?
d. Exercised diplomatic immunity to avoid prosecution for a criminal offense in the U.S.?
39. Have you ever received public assistance in the U.S. from any source, including the U.S. government or any state, county, city, or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future?
40. Have you ever:
a. Within the past 10 years been a prostitute or procured anyone for prostitution, or intend to engage in such activities in the future?
b. Enganged in any unlawful commercialized vice, including but not limited to gambling?
c. Knowingly encouraged, induced, assisted, abetted or aided any alien to try to enter the U.S. illegally?
d. Illicitly trafficked in any controlled substance or knowingly assisted, abetted or colluded in the illicit trafficking of any controlled substance?
41. Have you ever engaged in, conspired to engage in, or do you intend to engage in, or have you ever solicited membership or funds for, or have you through any means ever assisted or provided any material support to, any person or organization that has ever engaged or conspired to engage, in sabotage, kidnapping, political assassination, hijacking, or any other form of terrorist activity?
42. Do you intend to engage in the U.S. in:
a. Espionage?
b. Any activity a purpose of which is opposition to, or the control or overthrow of, the Government of the U.S., by force, violence or other unlawful means?
c. Any activity to violate or evade any law prohibiting the export from the U.S. of godds, technology or sensitive information?
43. Have you ever been a member of, or in any way affiliated with, the Communist Party or any other totalitarian party?
44. Did you, during the period of March 23, 1933 to May 8, 1945, in association with either the Nazi Government or Germany or any organization or government associated or allied with the Nazi Government of Germany, ever order, incite, assist or otherwise participate in the persecution of any person because of race, religion, national origin or political opinion?
45. Have you ever engaged in genocide, or otherwise ordered, incited, assisted or otherwise participated in the killing of any person because of race, religion, nationality, ethnic origin, or political opinion?
46. Are you under a final order of civil penalty for violating section 274C of the Immigration Act for use of fraudulent documents, or have you, by fraud or willful representation of a material fact, ever sought to procure, or procured a visa, or other documentation, entry into the U.S., or any other immigration benefit (e.g. did you use a fake visa not issued by a U.S. consulate or embassy)?
47. Have you ever left the U.S. to avoid being drafted into the U.S. Armed Forces?
48. Are you now withholding custody of a U.S. Citizen child outside the U.S. from a person granted custody of the child?
49. Do you plan to practice polygamy in the U.S.?
------------------------------------------------------
Mấy phần bảng biểu bị lệch lạc, hy vọng vẫn cung cấp được cho các bạn thông tin người ta sẽ hổi gì và cần gì.
Được netwalker sửa chữa / chuyển vào 00:55 ngày 09/01/2004

CONFIDENTIAL QUESTIONNAIRE​

PLEASE LEAVE NO BLANKS! IF THE QUESTION DOES NOT APPLY TO YOU WRITE ?oN/A?, AND IF IT DOES APPLY BUT THERE IS NO ANSWER THEN WRITE ?oNONE.? PLEASE CROSS OUT A WHOLE SECTION IF IT DOES NOT APPLY TO YOU.
I. PERSONAL INFORMATION
1.Name (first middle last )
2. Maiden Name
3. Other names used:
4. ***:_________
5. Date of birth: (month/day/year)
6. City of birth:
7. Country of birth:
8. Citizenship
9. Social Security No.
10. Present address:
11. Home telephone no.:
12. Work telephone no.:
13. Permanent address:
14. Alien registration number (A#):
15. Name of spouse (First Middle Last)
16. Date of birth of spouse:
17. Date of present marriage:
18. City and country of present marriage:
19. If you have ever obtained legal permanent residency, was it through marriage to a
20. U.S. citizen or legal permanent resident? _______ _______
yes no
21. Last address at which you and your spouse resided together:
22. Date since you and your spouse last resided at this address:
23. Current address of spouse:
24. Telephone number : Home Work
25. Are you and your spouse residing together? Yes_____ No_____
26. Former Spouse(s): Yes_____ No_____
Information on your former spouses

Last Name First Name Date of Birth Date and place of marriage Date and place of termination of marriage

27. Was your current spouse married before: Yes_____ No_____
Information on former spouses of your current spouse

Last Name First Name Date of Birth Date and place of marriage Date and place of termination of marriage
II. FAMILY INFORMATION
1. How many children do you have?
Children?Ts Information

Name (first, middle, last) *** Date of Birth (mo/day/yr) City and Country of Birth City and country of current residence
( Đây là mấy cái bảng biểu) nhưng khi copy sang nó bị lệch lạc )
2. Parents
Father
Name (first) (last) Date of birth and city and country of birth


Current address (or indicate deceased)
Mother Name (first) (Maiden name) Date of birth and city and country of birth

Current address (or indicate deceased)


III. ADDRESSES
1. Residence for the last five years (list present address first):
From To
Street Address City State Country (mo./yr.) (mo./yr.)
2. Foreign address

3. Last address outside the U.S. of more than one year:
Street Address City State/Province Country
Dates lived there: From To ___________
(month/year)
4. Country of last residence before your most recent entry into the U.S.:
IV. VISA INFORMATION
1. Date of LAST entry into the U.S.: month/ day/year
2. Port of entry into the U.S
3. Name of vessel or other means of travel:
4. Passport No.:__________ Where issued:
5. Type of visa:
6. Place where visa issued:
7. I-94 card (Arrival/Departure Card) no.:
8. Was your permanent residence ever revoked for being outside the U.S. for more than one year?
9. If yes, give the approximate date of revocation:
V. TAX INFORMATION
1. Have you filed taxes in the last three years?
2. If yes, what year did you most recently file tax returns?
VI. EMPLOYMENT HISTORY (for the last five years, list most recent first)
Employer?Ts
Name Employer?Ts
Address Job Title Salary Hours
Per
Week Dates of employment
(month/yr
- month /yr)






Last occupation abroad:


Job Title:
Name and address of employer:

Dates of employment: From ________ to _____
month/year month/year

VII. EDUCATIONAL INFORMATION
Please list trade schools, colleges and/or universities attended (most recent first)
From To
Name City & Country Field of Study (mo/yr) - (mo/yr) Degree

VIII. POLITICAL, SOCIAL & RELIGIOUS ORGANIZATIONS AND MILITARY SERVICE: Please list all such organizations of which you are or have been a member, including military service.
Name Address Position Dates of membership

IX. Miscellaneous Questions
1. Have you ever been in exclusion, deportation or removal proceedings?
2. If so, when and where?
3. If so, what was the outcome?
4. Have you ever been removed, excluded or deported?
5. If yes, when did this occur?
6. How much time elapsed before you reentered the country?
7. How did you reenter the country after you were removed, excluded or deported (with a visa or without inspection)?
8. Have you ever changed or extended your immigration status?
9. If so, when and from what status to what status?
10. Are you subject to the two-year foreign residency requirement of the J-1 visa?
11. If so, have you obtained a waiver of that requirement?
12. Have you ever applied for legalization?
13. If so, when did you apply and what is the status of your application?
14. Have you ever applied for asylum?
15. If so, when did you apply and what is the status of your application?
29. Please list all the time you have spent in the U.S. and in what status. Please note any time you overstayed a visa or violated the terms of a visa. If you ever entered the U.S. without inspection, please note under ?otype of visa? below.
Period in the U.S. Type of visa (or write ?onone?) Overstay or violation of visa
30. Do you have a criminal record? _______ _______
yes no
If yes, then please write the type of crime, date of conviction, court of conviction, sentence or punishment, any vacation or expungement of the conviction
31. Have you ever falsely claimed yourself as a U.S. citizen? _________ _________ Yes No
32. If you answered yes, then when did you falsely claim U.S. citizenship?
33. Have you ever worked without authorization in the U.S.? _______ __________
yes no
34. Have you ever applied for legal permanent residency (green card application after obtaining an approved immigrant visa petition)?
35. If yes, then when and where did you apply and what was the outcome?
36. Have you ever applied for work authorization (e.g. pursuant to F-1/F-2 student visa practical training?
37. If yes, then when and where (which INS office ?" city/state) did you apply and what was the outcome (granted,denied)?
38. Have you ever, in or outside the U.S.:
a. Knowingly committed any crime of moral turpitude or a drug-related offense for which you have not been arrested?
b. Been arrested, cited, charged, indicted, fined, or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?
c. Been the beneficiary of a pardon, amnesty, rehabilitation decree, other act of clemency or similar action?
d. Exercised diplomatic immunity to avoid prosecution for a criminal offense in the U.S.?
39. Have you ever received public assistance in the U.S. from any source, including the U.S. government or any state, county, city, or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future?
40. Have you ever:
a. Within the past 10 years been a prostitute or procured anyone for prostitution, or intend to engage in such activities in the future?
b. Enganged in any unlawful commercialized vice, including but not limited to gambling?
c. Knowingly encouraged, induced, assisted, abetted or aided any alien to try to enter the U.S. illegally?
d. Illicitly trafficked in any controlled substance or knowingly assisted, abetted or colluded in the illicit trafficking of any controlled substance?
41. Have you ever engaged in, conspired to engage in, or do you intend to engage in, or have you ever solicited membership or funds for, or have you through any means ever assisted or provided any material support to, any person or organization that has ever engaged or conspired to engage, in sabotage, kidnapping, political assassination, hijacking, or any other form of terrorist activity?
42. Do you intend to engage in the U.S. in:
a. Espionage?
b. Any activity a purpose of which is opposition to, or the control or overthrow of, the Government of the U.S., by force, violence or other unlawful means?
c. Any activity to violate or evade any law prohibiting the export from the U.S. of godds, technology or sensitive information?
43. Have you ever been a member of, or in any way affiliated with, the Communist Party or any other totalitarian party?
44. Did you, during the period of March 23, 1933 to May 8, 1945, in association with either the Nazi Government or Germany or any organization or government associated or allied with the Nazi Government of Germany, ever order, incite, assist or otherwise participate in the persecution of any person because of race, religion, national origin or political opinion?
45. Have you ever engaged in genocide, or otherwise ordered, incited, assisted or otherwise participated in the killing of any person because of race, religion, nationality, ethnic origin, or political opinion?
46. Are you under a final order of civil penalty for violating section 274C of the Immigration Act for use of fraudulent documents, or have you, by fraud or willful representation of a material fact, ever sought to procure, or procured a visa, or other documentation, entry into the U.S., or any other immigration benefit (e.g. did you use a fake visa not issued by a U.S. consulate or embassy)?
47. Have you ever left the U.S. to avoid being drafted into the U.S. Armed Forces?
48. Are you now withholding custody of a U.S. Citizen child outside the U.S. from a person granted custody of the child?
49. Do you plan to practice polygamy in the U.S.?
------------------------------------------------------
Mấy phần bảng biểu bị lệch lạc, hy vọng vẫn cung cấp được cho các bạn thông tin người ta sẽ hổi gì và cần gì.
Được netwalker sửa chữa / chuyển vào 00:55 ngày 09/01/2004

Vì đã apply vào H-1B là phải đọc được tiếng Anh rồi đúng không? mà dịch mấy cái này mất thời gian lắm. Các bạn chịu khó đọc tiếng Anh nhé!
-------------------------------------
Dear Mr. Vietnam................:
This letter will outline the necessary procedures to obtain an H-1B temporary work visa and discuss the employer obligations under the current immigration regulations and statutes. The process involves four steps: first, obtaining a prevailing wage report; second, determining whether the employer is an H-1B dependent employer, which is subject to ad***ional recruitment obligations and promises against displacement of U.S. workers; third, obtaining an approved Labor Con***ion Application (LCA) from the Department of Labor (DOL); and fourth, filing a petition with the Immigration and Naturalization Service for an H-1B visa for the alien employee.
Procedures for the Labor Con***ion Application (LCA)
The Prevailing Wage Report
First we will obtain a prevailing wage report from either the state employment agency that covers the regions where the alien employee will be working (if working in several different states, then we would obtain an prevailing wage report from several state agencies) or a private company to ensure that the wage offered is at least 95 percent of the prevailing wage or the actual wage paid to workers with similar experience in the same position, whichever is higher. We cannot file the LCA until the wage offered meets this prevailing wage requirement.
The prevailing wage for an H-1B worker is based on the LCA supporting that petition. Prevailing wages on later LCAs do not ?orelate back? to act as an ?oupdate? of the wages stated on earlier LCAs. However, an increase in pay for new employees because of an increase in the prevailing wage could cause the actual wage to also rise and create an obligation to increase the wages of the H-1B employees under old LCAs.
The SCA wage must be used for occupations that fall under it, except for certain computer positions, for which the SCA may not be used. It is irrelevant whether the worker is employed on an SCA-subject contract or whether the worker would be exempt from the SCA under the ?oprofessional employee? exemption test. Currently, the only way to obtain the SCA wage is to file a prevailing wage request with the state employment security agency, which takes approximately two to three weeks.
Wages, Attorney?Ts Fees, Other Salary Deductions and Termination Penalties
In calculating the wage, future bonuses and similar compensation (i.e. unpaid but to-be-paid) may be cre***ed toward satisfaction of the required wage if their payment is assured. For salaried employees, paychecks must be offered at least monthly. However, in the case of non-discretionary payments *****pplement the employee?Ts pay (e.g. a quarterly production bonus), the employer can include this information in the prevailing wage as long as they can also show that the employer did, in fact, pay the bonuses in prior pay periods.
Wages must be (1) shown in payroll as earnings disbursed to the employee ?ocash in hand, free and clear? unless it is an ?oauthorized deduction?; (2) reported to the IRS, State and local authorities as earnings; and (3) declared as FICA earnings (except where a totalization agreement exists because of a reciprocal tax treaty).
?oAuthorized deductions? (deductions which do not affect the prevailing wage) include deductions required by law (income tax, FICA, etc.); deductions authorized by a collective bargaining agreement with a union, or are customary in the occupation and/or area of employment (e.g. union dues, contributions to premium for health insurance policies covering all employees, savings or retirement funds); and voluntary deductions for items that principally benefit the employee such as housing and food allowances (other than those relating to travel).
Deductions that include business expenses of the employer will be subtracted from the prevailing wage determination. The Department of Labor (DOL) considers this to include attorneys?T fees and costs connected to the performance of H-1B program functions which are required to be performed by the employer. Business expenses would also include items like tools and equipment, transportation costs when such costs are necessary for the job, living expenses while an employee is traveling, etc. Please note, however, that if a deduction falls into this category, it merely will mean that the deduction is subtracted from the wage offered. If the wage is still higher than the actual or prevailing wage after the deduction is subtracted, then an employee can still these expenses deducted from their paycheck. If the offered wage is below the prevailing wage after these business expenses are deducted, the DOL will consider the amount to be an unauthorized deduction from wages.
Deductions that would normally be permissible must be disclosed to the worker prior to starting work for the employer and if the deduction is a con***ion of employment, the employer must also disclose this. The deduction must also be made against the wages of US workers. The amount deducted must be lower than or equal to the fair market value or the actual cost (whichever is lower). The employer must document the cost and value in a public access file.
An employer is prohibited from imposing a penalty fee on the H-1B worker for quitting prior to an agreed date. An employer, however, may receive ?obona fide? liquidated damages from the worker if they quit early. The relevant state law determines whether a deduction is a penalty or liquidated damages. However, in general, penalties are amounts that are not reasonable approximations or estimates of damage. The employer may not include the $1000 filing ACWIA fee in any liquidated damages.
( to be continued....)

Vì đã apply vào H-1B là phải đọc được tiếng Anh rồi đúng không? mà dịch mấy cái này mất thời gian lắm. Các bạn chịu khó đọc tiếng Anh nhé!
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Dear Mr. Vietnam................:
This letter will outline the necessary procedures to obtain an H-1B temporary work visa and discuss the employer obligations under the current immigration regulations and statutes. The process involves four steps: first, obtaining a prevailing wage report; second, determining whether the employer is an H-1B dependent employer, which is subject to ad***ional recruitment obligations and promises against displacement of U.S. workers; third, obtaining an approved Labor Con***ion Application (LCA) from the Department of Labor (DOL); and fourth, filing a petition with the Immigration and Naturalization Service for an H-1B visa for the alien employee.
Procedures for the Labor Con***ion Application (LCA)
The Prevailing Wage Report
First we will obtain a prevailing wage report from either the state employment agency that covers the regions where the alien employee will be working (if working in several different states, then we would obtain an prevailing wage report from several state agencies) or a private company to ensure that the wage offered is at least 95 percent of the prevailing wage or the actual wage paid to workers with similar experience in the same position, whichever is higher. We cannot file the LCA until the wage offered meets this prevailing wage requirement.
The prevailing wage for an H-1B worker is based on the LCA supporting that petition. Prevailing wages on later LCAs do not ?orelate back? to act as an ?oupdate? of the wages stated on earlier LCAs. However, an increase in pay for new employees because of an increase in the prevailing wage could cause the actual wage to also rise and create an obligation to increase the wages of the H-1B employees under old LCAs.
The SCA wage must be used for occupations that fall under it, except for certain computer positions, for which the SCA may not be used. It is irrelevant whether the worker is employed on an SCA-subject contract or whether the worker would be exempt from the SCA under the ?oprofessional employee? exemption test. Currently, the only way to obtain the SCA wage is to file a prevailing wage request with the state employment security agency, which takes approximately two to three weeks.
Wages, Attorney?Ts Fees, Other Salary Deductions and Termination Penalties
In calculating the wage, future bonuses and similar compensation (i.e. unpaid but to-be-paid) may be cre***ed toward satisfaction of the required wage if their payment is assured. For salaried employees, paychecks must be offered at least monthly. However, in the case of non-discretionary payments *****pplement the employee?Ts pay (e.g. a quarterly production bonus), the employer can include this information in the prevailing wage as long as they can also show that the employer did, in fact, pay the bonuses in prior pay periods.
Wages must be (1) shown in payroll as earnings disbursed to the employee ?ocash in hand, free and clear? unless it is an ?oauthorized deduction?; (2) reported to the IRS, State and local authorities as earnings; and (3) declared as FICA earnings (except where a totalization agreement exists because of a reciprocal tax treaty).
?oAuthorized deductions? (deductions which do not affect the prevailing wage) include deductions required by law (income tax, FICA, etc.); deductions authorized by a collective bargaining agreement with a union, or are customary in the occupation and/or area of employment (e.g. union dues, contributions to premium for health insurance policies covering all employees, savings or retirement funds); and voluntary deductions for items that principally benefit the employee such as housing and food allowances (other than those relating to travel).
Deductions that include business expenses of the employer will be subtracted from the prevailing wage determination. The Department of Labor (DOL) considers this to include attorneys?T fees and costs connected to the performance of H-1B program functions which are required to be performed by the employer. Business expenses would also include items like tools and equipment, transportation costs when such costs are necessary for the job, living expenses while an employee is traveling, etc. Please note, however, that if a deduction falls into this category, it merely will mean that the deduction is subtracted from the wage offered. If the wage is still higher than the actual or prevailing wage after the deduction is subtracted, then an employee can still these expenses deducted from their paycheck. If the offered wage is below the prevailing wage after these business expenses are deducted, the DOL will consider the amount to be an unauthorized deduction from wages.
Deductions that would normally be permissible must be disclosed to the worker prior to starting work for the employer and if the deduction is a con***ion of employment, the employer must also disclose this. The deduction must also be made against the wages of US workers. The amount deducted must be lower than or equal to the fair market value or the actual cost (whichever is lower). The employer must document the cost and value in a public access file.
An employer is prohibited from imposing a penalty fee on the H-1B worker for quitting prior to an agreed date. An employer, however, may receive ?obona fide? liquidated damages from the worker if they quit early. The relevant state law determines whether a deduction is a penalty or liquidated damages. However, in general, penalties are amounts that are not reasonable approximations or estimates of damage. The employer may not include the $1000 filing ACWIA fee in any liquidated damages.
( to be continued....)

Filing and Posting the LCAs
After obtaining a prevailing wage, the Labor Con***ion Application (LCA) is signed by the appropriate company representative and sent to the DOL to be certified.
On or within 30 days of filing the LCA, the LCA must either be posted in two conspicuous locations for ten consecutive working days at the site where the alien will be working or be posted electronically. At the end of the posting period, a signed statement must be placed in the public access file stating how the LCAs were posted and the dates of posting. The public access file is discussed below. The notice to employees may be posted electronically instead of through a hard copy posting of the notice. E-mail or home web page notification is acceptable if either form is used to communicate job openings and promotion opportunities. Employees would have to have direct access to these resources. If the employee is working at a contract site, the contract client can also post the notice on its own intranet. If the notice is by e-mail, a one-time e-mail is fine. If it is via an intranet or home page, the notice must be posted for ten days.
If the employer places an H-1B worker at a site where there has not been a posting but within the intended areas of employment listed on the LCA, the employer must post such a notice at any such sites before the H-1B employee begins work. If the employer places an H-1B worker at a site not listed in the areas of intended employment in the LCA, a new LCA and amended H-1B petition may need to be filed. Please see the discussion below for exceptions for short-term employment in different locations.
If the employer is H-1B dependent (explained below) and the worker covered by the LCA is not â?oexemptâ? (explained below), then there should be a notice posted along with the LCA setting forth the nondisplacement and recruitment obligations outlined below. In these cases, a new statement must be included in the notice:
"Complaints alleging failure to offer employment to an equally or better qualified US worker, or an employerâ?Ts misrepresentation regarding such offer(s) or employment, may be filed with the Department of Justice, 10th Street & Constitution Avenue, NW, Washington, DC 20530."
If an employer is employed outside an area of intended employment, the employer must pay these workers the actual cost of travel, lodging, meals and incidentals or miscellaneous expenses. Both workdays and non-workdays must be covered.
H-1B "dependentâ? employers must file a new LCA if they wish to file petitions for new H-1Bs or seek extension of existing workers even if a previously filed LCA is still unexpired. The new LCAs have H-1B dependent employers and â?owillful violatorsâ? indicate their status and their agreement to ad***ional attestation requirements. H-1B visas under previously certified LCAs remain valid and in effect, and the prevailing wage and other obligations under that LCA continue to apply to those visas.
A new LCA will be required where there are material changes in employment. It will now not be required merely because a corporate reorganization results in a change of corporate identity, regardless of whether there is a change in the Employer Identification Number and regardless of whether the IRS definition of a single employer is satisfied, provided that the successor entity, prior to the continued employment of the H-1B worker, agrees to assume the predecessorâ?Ts obligations and liabilities under the LCA. The agreement to comply with the LCA for the future and to any liability of the predecessor under the LCA must be documented with a memorandum in the public access file. The memo must identify the affected LCAs and must state the Employer Identification Number of the new employer. The new employerâ?Ts wage system must also be described and a list of the name and job title of each H-1B worker transferred to the new employer must be provided.
( to be continued.......)

Filing and Posting the LCAs
After obtaining a prevailing wage, the Labor Con***ion Application (LCA) is signed by the appropriate company representative and sent to the DOL to be certified.
On or within 30 days of filing the LCA, the LCA must either be posted in two conspicuous locations for ten consecutive working days at the site where the alien will be working or be posted electronically. At the end of the posting period, a signed statement must be placed in the public access file stating how the LCAs were posted and the dates of posting. The public access file is discussed below. The notice to employees may be posted electronically instead of through a hard copy posting of the notice. E-mail or home web page notification is acceptable if either form is used to communicate job openings and promotion opportunities. Employees would have to have direct access to these resources. If the employee is working at a contract site, the contract client can also post the notice on its own intranet. If the notice is by e-mail, a one-time e-mail is fine. If it is via an intranet or home page, the notice must be posted for ten days.
If the employer places an H-1B worker at a site where there has not been a posting but within the intended areas of employment listed on the LCA, the employer must post such a notice at any such sites before the H-1B employee begins work. If the employer places an H-1B worker at a site not listed in the areas of intended employment in the LCA, a new LCA and amended H-1B petition may need to be filed. Please see the discussion below for exceptions for short-term employment in different locations.
If the employer is H-1B dependent (explained below) and the worker covered by the LCA is not â?oexemptâ? (explained below), then there should be a notice posted along with the LCA setting forth the nondisplacement and recruitment obligations outlined below. In these cases, a new statement must be included in the notice:
"Complaints alleging failure to offer employment to an equally or better qualified US worker, or an employerâ?Ts misrepresentation regarding such offer(s) or employment, may be filed with the Department of Justice, 10th Street & Constitution Avenue, NW, Washington, DC 20530."
If an employer is employed outside an area of intended employment, the employer must pay these workers the actual cost of travel, lodging, meals and incidentals or miscellaneous expenses. Both workdays and non-workdays must be covered.
H-1B "dependentâ? employers must file a new LCA if they wish to file petitions for new H-1Bs or seek extension of existing workers even if a previously filed LCA is still unexpired. The new LCAs have H-1B dependent employers and â?owillful violatorsâ? indicate their status and their agreement to ad***ional attestation requirements. H-1B visas under previously certified LCAs remain valid and in effect, and the prevailing wage and other obligations under that LCA continue to apply to those visas.
A new LCA will be required where there are material changes in employment. It will now not be required merely because a corporate reorganization results in a change of corporate identity, regardless of whether there is a change in the Employer Identification Number and regardless of whether the IRS definition of a single employer is satisfied, provided that the successor entity, prior to the continued employment of the H-1B worker, agrees to assume the predecessorâ?Ts obligations and liabilities under the LCA. The agreement to comply with the LCA for the future and to any liability of the predecessor under the LCA must be documented with a memorandum in the public access file. The memo must identify the affected LCAs and must state the Employer Identification Number of the new employer. The new employerâ?Ts wage system must also be described and a list of the name and job title of each H-1B worker transferred to the new employer must be provided.
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The LCA is significant because by filing the LCA the company is making certain attestions, including:
1. That for the entire period of authorized employment, the company will pay to all H-1B aliens who have similar experience and qualifications for the position at least the higher of (1) the actual wage level paid by the facility to all other individuals with similar experience and qualifications for the same position; or (2) the prevailing wage level for the same position by all employers in the geographic area of intended employment. A prevailing wage determination will be requested and a copy will be provided to you.
2. That for the entire period of authorized employment, the employment of the H-1B alien will not adversely affect the working con***ions of workers similarly employed in the area of intended employment. A statement regarding the working con***ions at the company is enclosed. It should be completed and maintained in the alienâ?Ts Public Access file as part of the documentation required by this process.
3. That, on the date the LCA is signed and submitted, there is not a strike, lockout or work stoppage in the course of the labor dispute in the relevant occupation at the place of intended employment. A statement verifying these con***ions is enclosed and should be maintained with other records in the Public Access file as set out below. Employers must give notice to DOL of a strike or lockout in the occupation at the place of employment within three days during the pendency of the LCA.
4. That, on or before the date of the LCA, notice of the application was posted at each location where the beneficiary will be employed. Verification of posting should be maintained as part of this record and kept in the Public Access file.
The LCA procedure is complaint driven; that is, an investigation into the accuracy of the LCA will occur only if there is a complaint filed. If a complaint is filed, the DOL Wage and Hour Administrator will investigate the complaint. In the event of a violation of the LCA, the Administrator may impose a fine, bar the employer from obtaining future visas for a period of one year or order payment of back wages. Complaints have been filed in .007 percent of all cases filed in fiscal year 1994. Material misrepresentation on the LCA can also subject the signer to penalties for perjury including fines and incarceration.
( to be continued.......)