Como se preparar para o ano fiscal H1-B 2023
Jioselin Juarez • May 13, 2022
Click here to read this article in English
Desde março de 2020, um indivíduo estrangeiro interessado em solicitar um visto H-1B deve ter uma empresa dos EUA patrocinadora, também conhecida como Peticionária (“Petitioner”), enviar um registro H-1B no início a meados de março, juntamente cm uma taxa de processamento de US $10. Então, por volta da primeira semana de abril, o Peticionário receberá uma notificação de seleção de H-1B, a qual; permite que o Peticionário de entrada na petição H-1B. Uma vez que o Peticionário receba a notificação de seleção do H-1B, ele terá 90 dias para dar entrada na petição de H-1B junto ao USCIS (United States Citizenship and Immigration Services).
É de suma importância que o Peticionário e indivíduo estrangeiro estejam preparados para o processo de H-1B, devido à limitação de vistos H-1B alocados (um total de 85,000 vistos cada ano fiscal). Assim sendo, o Peticionário e o indivíduo estrangeiro devem considerar o seguinte antes do H-1B FY 2023:
1. Coletar as informações pertinentes da empresa dos Estados unidos:
a. Documentos de formação da empresa;
b. Número FEIN (CNPJ da empresa);
c. Declaração de imposto da empresa de 2020;
d. Signatário da empresa norte-americana
(por exemplo, quem assinará todos os documentos enviados ao USCIS)
2. Coletar todas as informações pessoais e educacionais do indivíduo estrangeiro
a. Cópia do atual passaporte;
b. Quaisquer documentos atuais de imigração (ex., I-20, cópia de vistos, etc.);
c. Todos os diplomas e históricos escolares (obtidos no exterior e nos EUA);
3. Preparar o cargo e os deveres do cargo que o Peticionário pretende que o indivíduo estrangeiro desempenhe
4. A conta do Registrante H-1B no USCIS
a. Se o Peticionário não tiver uma conta de Registrante H-1B, o Peticionário deve
criar uma antes o primeiro dia do registro do H1-B (por volta do final de
fevereiro ao início de março).
5. Preparar para a seleção H-1B
a. A Petição de Condição de Trabalho (LCA) é um requisito para um H-1B
A LCA requer a informação da companhia, cargo, funções e local de emprego relacionado ao indivíduo.
* Se o Peticionário não tiver apresentado uma petição de H-1B antes,
então o Peticionário precisará verificar o número FEIN junto ao
Departamento do Trabalho (DOL) antes de dar entrada no LCA.
6. Avaliação de Trabalho (se o indivíduo tiver um diploma estrangeiro)
7. Cartas de experiência relativas aos empregos anteriores do indivíduo (se aplicável)
8. Taxas da petição H-1B (variam baseado no tamanho da empresa americana)
Por favor agende uma consulta com um dos nos advogados de imigração para discutir os requisitos do H-1B e processo antes do ano fiscal 2023 para o H-1B, que começa em março de 2022.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
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