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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