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H-1B / TN Program

Permanent Residency (Green Card) Process

General Information
Mitchell/Martin sponsors candidates for both H1b's as well as Green Cards and has successfully done so for many years. We have significant In-house expertise and access to several high caliber immigration attorneys. We have also “converted” F1’s with an OPT to H1b status as well as sponsor Canadian citizens for TN visas.
 
Our Mutual Goals: 

  • At MMI we have long term goals in mind - BOTH yours and ours.
  • We need your technical expertise.
  • You need sponsorship by a reputable organization.
  • Our goal is to create a program where both needs are met and we form a long term relationship with each other that lasts beyond you obtaining a Green Card.

MMI Track Record 

MMI has had over a 98 percent approval rating on our Green Card and H1b applications.

Mitchell/Martin H1 / Green Card Program Outline:  

  • Prior to Start Date – we file for your H1b – typically this happens about seven business days after you accept our position. The H1b allows you to begin working for Mitchell/Martin
  • Of course you will need a US social security number and will put on Mitchell/Martin’s payroll as a full time W2 employee
  • 180 days after you actual start date we begin a 90 day recruitment process where we are required to place ads in the newspapers, file with the Department of Labor, as well as other recruitment efforts in order to prove to the US Department of Labor that we cannot find a US citizen to fill the position. Sometimes we can shorten the 90 day time period if we are sponsoring other individuals with a similar skill set to yours. After the recruitment period, we will file your Labor Certification Application with the Department of Labor using the new P.E.R.M Process - Approval is supposed to follow in 45/60 days.
  • Once Labor Certification is approved we will file an I-140 form on your behalf - the purpose of this is to petition for an alien worker to become a permanent resident in the United States.
  • If a visa number is available we will file for a change in status (I-485) concurrent with the I-140. If a visa number is not available, the I-485 will be filed as soon as a visa number becomes available.

What We Control:  

  • Our experience enables us to better manager the process than much of our competition.
  • We provide specific checklists to our consultants to gather majority of documents at one time rather piecemeal.
  • The annual compensation received by our typical Mitchell/Martin H1b consultant is usually in excess of the prevailing wage guidelines.
  • All our consultants receive regular paychecks – allowing for highly defensible documentation if required.
  • We try to "overlap" ads for the recruitment stage of Labor Certification to provide better proof to the Department of Labor.
  • We give our Consultants access to our attorneys – Put your mind at ease and contact them directly.
  • We have a sound record keeping system – Department of Labor requires files be maintained for five years. – Mitchell/Martin began operations in 1984 and will continue well into the future.
  • All paperwork is prepared by an outside immigration attorney and is double checked by in house staff.
  • Mitchell/Martin Inc generates nearly $40million in revenues and has the financial fortitude required to sponsor many foreign nationals.

What We Can't Control:  

  • The process takes time. Even though the new P.E.R.M. process has reduced overall processing time it is not instantaneous.
  • The PERM process requires extensive documentation – A little extra effort helps ensure success.
  • Proper classification of employee (EB2, EB3, etc) for labor certification again ensures success down the road.
  • U.S. Citizenship and Immigration Services can ask for extra documentation at any time, which you may need to provide.

What If Your Assignment is Ending?  

  • You have several options if your current assignment ends.
  • Mitchell/Martin will market you for other similar positions and place you on a new assignment.
  • Mitchell/Martin will make every effort to place you on a new assignment in order to keep your H1b “in status” and continue down the road to permanent residency.

Canadian Citizens and the TN visa:  

  • Canadian citizens are not required to file for an H1b visa but qualify for a TN visa.
  • The TN visa is relatively easy to obtain.
  • Mitchell/Martin will prepare a letter on your behalf that you present to immigration officials at the border. This letter coupled with some additional documentation such as a Resume, Pay Stubs, Degrees, and proof of Canadian Citizenship are usually all that is required to obtain a TN visa.

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