H-1B / TN Program
Mitchell Martin has a proven, successful track record of sponsoring Foreign Nationals for H-1B work visas, OPT F-1 visas and NAFTA TN visas as well as sponsorship for Permanent residency (Green card to work in US). We will establish a long term relationship with you that lasts beyond you obtaining a Green Card.
Transfer your H-1B visa to Mitchell Martin:
Our goal is to make the transition period an easy one. After you have accepted a position though Mitchell Martin, we will walk you through the process in terms of documentation and timing. Mitchell Martin has an unparalleled success rate in getting H-1B's approved.
Step 1: Once you have returned a completed application with all the required documents requested your process begins. We work with our immigration attorney to file a Labor Condition Application (LCA) for an approval by USDOL. Once this is received we can complete the petition for submission of the H-1B petition to the USCIS. This process takes approximately 10-12 business days.
Step 2: You can begin working for us as soon as the H-1B transfer petition is filed with the USCIS and we obtain a delivery receipt date.
Step 3: The length of time it takes for the USCIS to process and approve an H-1B petition varies. It depends on the processing speed of the USCIS at the time the H-1B is filed. It normally takes between 1 to 3 months*.
While working under an H-1B work visa, you will be providing status reports and working with a Mitchell Martin Account manager who will manage you throughout the assignment.
*Upon request, we can expedite an H-1B petition via premium processing, at the expense of the candidate.
Canadian citizens and Mexican citizens are not required to file for an H-1B visa but do qualify for a TN visa.
The TN visa is relatively easy to obtain. Once we have a job opportunity for you, Mitchell Martin will prepare a letter on your behalf that you present to immigration officials at the border patrol. This letter coupled with some additional documentation such as a Resume, Pay Stubs, Degrees, and proof of Citizenship are usually all that is required to obtain a TN visa.
Permanent Residency (Green Card) Sponsorship by Mitchell Martin:
Mitchell Martin sponsors many H-1B employees for permanent residency. We mutually determine if it makes sense for Mitchell Martin to be your sponsor and our policy is to sponsor our employees after the completion of 1 year of working with us.
Step 1: Once you have completed and returned the PERM Questionnaire and provided all the supporting documents required we will work with our Attorney to begin building your case. We work very closely with our Attorney's office to review all the supporting documents to ensure accuracy and completeness of the required documents. At this point the attorney's office will begin to conduct case research and design, which takes approximately 15 days. This allows us to begin preparing for the Recruitment period.
Step 2: Recruitment period – This is the time period in which Mitchell Martin, as your employer begins the 90 day recruitment process. As an employer, we are required to post a job with the US DOL, State Workforce Agency, run newspaper advertisements on 2 Sundays, post a job opportunity at the onsite intended work location, and also conduct three other additional types of recruitment efforts.
Step 3: Once recruitment period is complete, we file for your Labor Certification Application (Form ETA 9089) with the Department of Labor using the P.E.R.M process.
Step 4: Once the Labor Certification Application is approved, the Mitchell Martin files an Immigrant Petition (I-140) with the U.S. Citizenship and Immigration Services (USCIS)
Step 5: Once the I-140 Immigrant Petition is approved, then the foreign national employee in the U.S. files I-485 application with USCIS to adjust status from non-immigrant status to that of U.S. permanent resident.
What We Control:
Our many years of experience allows us to manage the immigration process better than much of our competition.
Mitchell Martin generates nearly $100 million in revenues and has the experience and financial strength to obtain approvals.
The annual compensation received by our typical Mitchell Martin H-1B employee is almost always in excess of the prevailing wage guidelines.
We provide specific checklists to our employees so you gather the majority of required documents all at once.
All our employees receive regular paychecks, allowing for highly defensible documentation, if required.
We give our employees access to our attorneys for questions and support.
All paperwork is prepared by an immigration attorney and is verified by our in-house team.
We have a sound record keeping system – Department of Labor requires files be maintained for five years.
What We Can't Control:
The process takes time. Even though the PERM process has reduced overall processing time it is not instantaneous. Today, the Immigration case backlog is still growing.
The PERM process requires extensive documentation, USCIS can ask for extra documentation at any time.
Proper classification of employee (EB2, EB3, etc) for labor certification is all determined based on your existing work history.
Want to Work with Mitchell Martin or Learn More?
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