Employment Authorization Card Expiring!

Kymm

This is new to me and I'm hoping someone out there will be able to shed some light on the process?? We have a chemist currently working for us. He has an F1 VISA which expires 11/20/05 and an Employment Authorization Card that expires in July of this year. What he is telling us is that the "process" to get the employment authorization card "renewed" is complicated and a lengthy process. He has asked if we would (as the employer) help him out and use this special process employers can do thru the Immigration dept - however, this will probably cost us anywhere from $1500.00 - $2000.00. Do you know anything about this, and if we don't choose to do this, then I am assuming we would have to terminate him (or he just resigns) come July?? Any input would be greatly appreciated!

System

[font size="1" color="#FF0000"]LAST EDITED ON 02-11-04 AT 03:29PM (CST)[/font][br][br][font size="1" color="#FF0000"]LAST EDITED ON 02-11-04 AT 03:26 PM (CST)[/font]

This is what INS told me: when the employment authorization card expires, so does that person's legal right to work in the US. The INS agent's suggestion was to remind the employee a few months prior to the exp. date that they need to apply for an extension, and then to reverify the I-9 when you see the new card. That's what we do - send a letter at 90 days and reminder 30 days out. Remember too that if this person is here legally, they will stay on top of this and renew that card. As for the sponsorship avenue, this is good for an outstanding employee you really want to retain. Our immigration attorney told us that the employee is responsible for the fees, so you'll want to verify that. It's a tedious process and takes a while to get approved but is worth it if this guy is an asset. (Keep in mind that this will set a precedent for other non-citizen employees.) Good luck!

Kymm

That sounds better to me... He is telling us that the process takes FOREVER and he probably wouldn't be able to get it renewed in time..??? But being that it doesn't expire until July, it sounds like from what you're saying, is that it shouldn't take more than 3-4 months??(or I guess you're also saying that we could even accept the Approved Request from INS if he doesn't actually have the card yet?

System

Sorry, I was editing when you answered! I prefer to see that renewed card for our own protection, but INS said that is OK to accept a processed, approved application. That's what makes me a bit nervous - if someone makes it here legally, they've gone through heck and a ton of paperwork - they're not going to let that paperwork lapse. It can go very quickly if that person is legal, but INS can make people hurry-up-and-wait. I got this info from INS about a year or so ago. I would call them and just double-check this, but we play it safe and remind our guys to renew their cards.

HRsage

LindaD gives some great input. It is up to the employee to get his paperwork to the INS in a timely manner so it can get processed BEFORE the expiration date. So many EE's wait until the week before and then expect us to wait for the updated info.
He should have plenty of time before July to get the paperwork and have the updated card before then.
You can accept the Approved Request, but with this much time you shouldn't need it.

Good luck.

Kymm

Ok... here's an update and hopefully I can get one more question answered from you all.... this employee will be terminated in July when his VISA expires...however.. we are now working with his attorney who is filing the papers to get him the H-1B1 Visa.. when he gets it, we would like to re-hire him. I just want to make sure that we wouldn't be guaranteeing him a job.. yes, at this time, we feel we will definitely want to bring him back, but one never knows with this economy, what "could" happen.. IF we found we did not have the work for him.. OR, if we did hire him back and then had to lay him off or terminate him... what would our responsibility be? His lawyer is telling me the ONLY thing we may have to do, would be to pay for a one-way ticket back to him home...Malaysia. We are willing to do that, but I just want to make sure I'm being told the correct info.... anyone been involved with this that may be able to provide me with advice? Thanks!!

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 04-01-04 AT 10:29AM (CST)[/font][br][br] That's basically correct. The H1-B process is extremely labor and time intensive for an HR professional even when you have an attorney guiding the process. I've been involved in many of them. They can cost as high as $7-8000. I have never been involved in one where the alien paid all the fees. You are essentially telling the government that you do have a job for this person. You will down the road also have to prove to the government that there were no qualified, domestic (US) candidates for the position. You will maintain certain files. You will list your opening with the state. You will agree to interview all comers. You will have to show why each one was not hired. You will be restricted to having him in a particular occupation and the duties will not be portable or changeable since the petition is approved for a particular position at a specific rate of pay. The rate of pay, by the way, will be set by the government based on BLS survey data and you must pay 90% of that figure. Timelines are crucial. Frustrations are many. Fees are ever changing. Several layers of state and federal government must be satisfied along the way, by you, not his lawyer. And yes, if this thing goes belly up, you do have to provide a one way ticket home, although he'll skip and go elsewhere to shop the H1-B that you got approved for him. My only suggestion to you is that you speak with YOUR labor attorney with H1-B experience, not his, for your facts and to help you decide if you want to launch this. I cannot caution you enough to NOT base your decision on what the ALIEN'S attorney tells you. He is, after all, not representing YOU. He's in it for a fee and then he's gone.

(edit) The process from H1-B all the way through Green Card (finally permanently allowed to work) can take 4-6 years.

System

Don D is exactly right. This is a very long and labor intensive undertaking. We have done this, too, and there are letters to write, employment advertisements to submit (and you have to deal with all the applicants), and forms to complete, not to mention the constant calls from the employee's attorney and family! And you do run the risk of sponsoring and assisting the employee only to have him get another job. I wouldn't do this unless this employee is truly worth it. I seriously doubt we'll do this again. So far this process has lasted about 3 years for us.

marc

Sounds like a nightmare. The EE would have to be truly outstanding to justify this cost level. Plus, it is hard to believe that the jobs would go unfilled by existing citizens in this economy.

Don D

I did all the sponsorship for about 10 of them in my last job. The great majority were engineers from Maylasia and India with some super-level educational credentials gained at US universities. A few were sales related with connections in China, South America and Europe. It was somewhat easy to eventually jump through the domestic-nonavailability hoops, just terribly time consuming and paper intensive. And as I've said before on the Forum, every one of these guys has a 'relative' in St. Louis or Detroit who can run the program better than me so they're constantly in my doorway with advice from their consulting cousin on how to speed along the process. I frankly would like to see the government dump all this foolishness except in extreme cases. For those of you who don't know; can you believe that in addition to the normal processing fee for the H1-B, INS/Justice (HS) will put your petitioning paperwork on what they call 'the fast track' for an additional thousand dollars. Talk about smoke coming out of my ears! Did I hear that right. Bureaucrats will 'slow track' my paperwork unless I pay them to 'fast track' it? Gospel!

CGruyters

Don is exactly right. I've done about 20 in my current job and everything he said is true. It's one of the most time consuming parts of my job. They are always in your office either asking you where they are in the process, telling you the process isn't quick enough or that they know you are doing it incorrectly because they spend hours on the web researching how to go about getting a visa. There is no time frame you can count on for getting a visa due to 9/11. Slow track has gone from 3 months to 5 months recently. If you put in an application a month ago so you would have it approved in three months time the only way you can get it within the time frame you allowed is to pay the additional $1,000 to fast track it. What a nightmare!

njjel

This is indeed a complicated process. I would not advise going forward without the aid of immigration counsel. I speak from current experience!