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Employer-Sponsored Work Visas Date: September 9,2008

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Employer-Sponsored Work Visas Date: September 9,2008 GOVERNMENT OF THE DISTRICT OF'COLUMBIA D.C. Department of Human Resources fssuance System This instruction should be filed behind District Personnel Manual the divider for Part III ofDPM Chapter (s) 8, 9, 10, 36, &38 DPM Instruction No. 8-60, 9-30, l0-1 1,36-7 , & 38-17 SUBJECT: Employer-Sponsored Work Visas Date: September 9,2008 1. Purpose The purpose of this District Personnel Manual (DPM) is to provide general information on the options available to District govemment agencies pertaining to employer-sponsored work visas. 2. EmploymentEligibilityVerification a. U.S. EMPLOYERS, including the District government, are required to veriff the employment aulhorization of all persons they hire on or after November 6, 1986 (date of the approval of the Immigration Reform and Control Act of 1986 ("IRCA")). b. FORM I-9, Employment Eligibility Verification, shall be completed for each new hire (including U.S. citizens, peflnanent residents, and temporary foreign workers) during the entrance-on-duty process. [See DPM InstructionNo. 8-54, 9-26,10-9,36-4, & 38-13, Revised Immigration Reform and Control Act: Employment Verffication (Form I-9), dated April7,2008] 3. Short-Term Employment of Foreign Nationals* a. Whenthere is aSHORTAGE OF AVAILABLE U.S. WORKERS, an employer may need to hire foreign nationals to fill certain positions for short-term employment. b. UNDER CERTAIN CONDITIONS, U.S. immigration law allows for employers to file a petition for the hiring of a foreign national for short-term employment. l*See attachment: U.S. Citizenship and Immigration Services Fact Sheet No. M-582 (01/07)l 4. Employment-Based Sponsorship of Foreign Nationals to Become Permanent Residents* a. An employer may SPONSOR a foreign national to become a permanent resident based on a perrnanent job offer. This is a MULTI-STAGE PROCESS. Note: DPM instructions that are strictly procedural in nature have direct applicability only to agencies under the personnel authority ofthe Mayor. Other personnel authorities or independent agencies may adopt any or all ofthese procedures or guidance materials for agencies and employees under their respective jurisdictions. [See DPM Chapter 2, Part II, Subpart I I 1.31 Inquiries: Policy and Planning Administration, DCHR (202) 442-9700 Distribution: Heads of Department and Agencies, HRAdvisors Retain Until Superseded O.P.Form218 (7/99) DPM lnstruction No. 8-60, 9-30, l0-1 l, 36-7 , & 38-17 b. Permanent resident status visas are divided into PREFERENCE CATEGORIES organizedby OCCUPATIONAL PRIORITIES, as mandated by Congress. f*See altachment: U.S. Citizenship and Immigration Services Fact Sheet No. M-583 (r2t06)l 5. Approval of Employer-Sponsored WorkVisas a. Various FEDERAL GOVEfuNMENT AGENCIES, mainly the Department of Labor (DOL) and US. Citizenship and Immigration Services (USAS), are responsible for determining if foreign nationals meet specific requirements related to the occupation for which the employer is petitioning; for the review and approval of employer-sponsored work visas; etc. b. DISTRICT GOVEKNMENT AGENCIES considering employment visa options shall contact the DOL, USCIS, or other federal government agencies, as applicable, for specific information on filing visa petitions, the approval process, etc. 6. Fees/Costs Associated with Employer-Sponsored Work Visas; Required Forms a. There are FEES/CO,SZS associated with the processing of employer-sponsored work visas, all of which shall be covered by the employing agency (unless otherwise required under the federal immigration law). b. Any FORMS required for an employer to file a petition must be obtained from the DOL, USCIS, or other federal government agencies, as applicable. 7. Notification to the D.C. Department of Human Resources a. BEFORE employment commences, a subordinate agency considering an employer- sponsored work visa option for a selectee shall apprise the D.C. Department of Human Resources of the case, and provide the following information: o Position title; o Type of visa required; o Recruitment and outreach efforts conducted for the particular position; and o The basis for the decision to sponsor the person. b. All federal immigration employer-sponsored work visa legal REQUIREMENTS must be met before employment with the District government commences. Brender Director Attachments (2) I Am an Employer... I ,- How Do l...Hire a Foreign E1 National for Short-Term Employment in the United States? --:qN\-7 trt l.J. ( 'it iu i S. t'rrstr 1r ,rrrrl I rn rtti!rr',tl iott vr-sB2 (01/07) Sc' r'v i<:c s Employers may sometimes need to hire foreign labor when there is . H-lBl - Specialty occupations for certain nationals of Singapore a shortage of available United States (U.S,) workers to fill ceftain and Chile jobs, Under ceftain conditions, restrictions and/or limitations, . H-2A - Temporary agricultural workers U.S. immigration law may allow a U.S, employer to file a Form performing l-129, Petition for a Nonimmigrant Worker, with USCIS on behalf . H-2B - Temporary workers other seruices or labo6 of a prospective foreign national employee. Upon approval of the skilled or unskilled petition, the prospective employee may apply for admission to or r H-3 - Trainees or special education exchange visitors for a change nonimmigrant status while in the U.S, to temporarily . I Representatives of information media peform services or labor or to receive training, - . J - Ceftain exchange visitors For most employment-based nonimmigrant visa categories, the . L-lA - Intra-company transferees (executives, managers) employer starts the process by filing the Form I-129 with USCIS. o The Form I-129 is available on our website at www.uscis. L-lB - Intra-company transferees (employees with gov. Please note that in some cases the employer must file a specialized knowledge) Labor Condition Application or Application for Alien Employment . L-2 - Spouse of an L-lA or L-lB Ceftification, with the Department of Labor (DOL) and/or obtain . O-1 Foreign Nationals who have extraordinary ability in the certain consultation repofts from labor organizations before filing a - sciences, afts, education, business or athletics petition with USCIS. O-2 - Essential support personnel for O-1 There are numerous nonimmigrant, employment-based visa catego- r P-1 - Internationally recognized athletes (or athletic team) ries. Under all of these categories, listed belory the foreign national or members of an enteftainment group must meet specific requirements related to the occupation for which the employer is petitioning. P-2 - Artists or entertainers under a reciprocal exchange program What are the various types of visa classifications . P-3 - Foreign Nationals who pedorm, teach, or coach under under which a foreign national may temporarily a program that is culturally unique engage in employment? . P-4 - Essential suppoft personnel for P-1" P-2, and P-3 The following is a list of the most common visa classifications under . International cultural exchange visitors which a foreign national may temporarily engage in employment- Q-l - related activities: . Q-2 - Irish peace process cultural and training program visitors . R-l - Religious workers o E-1 - Treaty traders and their spouses r TN - Canadian or Mexican professionals pursuant to Notth . E-2- Treaty investors and their spouses American Free Trade Agreement (NAFIA) . E-3 - Australian specialty occupation workers For specific information regarding each nonimmigrant classification and their spouses or qualifying occupation, please refer to our website at www.uscis. H-lB - Specialty occupations in field requiring highly specialized gov, or call customer service at 1-800-357-2099. knowledge, fashion models of distinguished merit and ability, or ceftain services of an exceptional nature relating to Depaftment of Defense cooperative research and development projects or coproduction projects I Am an Employer...How Do I...Hire a Foreign National for Short-Term Employment in the United States? 1 M-s82 (ot/07) Am I required to file an application or other request visa category and on the foreign national's intended employment, with the U.S, Depatment of Labor for every foreign This information may be found on the Form I-94 that the employee national employee? received upon entering the U.S, or on the USCF-issued approval notice, in the case of a change of status or extension of stay. As For the H-18, H-2A and H-2B nonimmigrant classifications, it is noted below, in ceftain cases, a foreign national may seek to remain necessary to first request ceftain types of certification from the in a nonimmigrant classification longer than the period for which he U,S, Department of Labor (DOL). For H-18 nonimmigrants, a Labor or she was initially admitted or granted, up to the maximum period Condition Application, and for H-2A and H-2B nonimmigrants, allowable by law. For detailed information on the period of stay an Application for Alien Employment Ceftification must be initially granted and the maximum period of stay allowable for a filed in accordance with the DOL instructions. For filing instructions specific visa category please see our website at www.uscis.gov and other information related to this process, please see the DOL or call customer service at l-800-357-2099. website at www, lca.doleta.gov. How can an employee extend his/her status It is not necessary to file an application or attestation with the DOL if it is about to expire? for the other nonimmigrant, employment-based or investor-based visa classifications previously listed. If it appears that an employee may be needed longer than the period for which he/she was admitted in his/her current What happens after I have filed a Form I-129, nonimmigrant status, an employer may be able to file a new Petition for a Nonimmigrant Worker? Form I-129 petition on behalf of the employee. To avoid disruption of authorized employment, employers are encouraged to file a After you file, we will send you a receipt so you know that we have petition to extend the employee's status well it expires.
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