Monday, December 4, 2006

US Work Visas – Employee Guide

US Work Visas – Recruiter Handbook

There are 5 main ways an individual can obtain residency and work authorization in the United States:

Sponsorship by an Employer
Investment
Sponsorship by a close Family Member in the United States
The Diversity Visa Lottery Program
Asylum & Refugee Status


The main types of temporary US work visas are the H1B, the L1 and the E.

Lawful Permanent Residence –The 'Green Card'
For many people, obtaining a 'Green Card' is a significant personal goal. The technical term is 'lawful permanent residence', and the visa is no longer green, but we are happy to use the near-universally accepted term 'Green Card'.
The sad news is that it will generally take several years to obtain a green card, so your employer will probably want to use a temporary ('non-immigrant') visa to get you to the US; once you are there you can embark on the longer project of getting your 'Green Card'

Can I be a freelance contractor in the US?

Being a professional freelance contractor, in the way that IT professionals have been able to in Australia, the UK (pre IR35), and (albeit only recently) in much of Continental Europe, is not an option in the US.
This restriction is not linked to visa requirements. Indeed, agencies are able to sponsor visas, and in 1998/9 Computer People was the 2nd largest user of H-1B visas. However, in the US people do not normally act through personal service companies, because laws force them to be the direct employees of the agency.

H1B Speciality Occupation Visas

Description:

This is a visa for people coming to the USA to work for a US employer in a professional-level position. Valid for 3 years initially, can be extended to 6.
Candidate Requirements:
Candidate must have secured job offer from a US source.
In order to get an H1B visa you will need the equivalent of a US college or university degree in a relevant subject.
If you have been educated outside the US, this requirement can often be met by:
EITHER - A non-US and/or only partly relevant degree, followed by three or more years work experience.
OR – Twelve years of high-level work experience.
NB If you wish to practice a profession such as law, medicine, or accountancy, etc, you will also need to obtain the relevant State or Federal licence to practice in the place of intended employment.


L1 Intra-Company Transfer Visas

Description:

The L1 visa is used to transfer to a US parent, affiliate, subsidiary or branch office an employee from a related foreign company. There are two types of L1 visas:
The L1A for Executive/Managerial staff
The L1B for Specialist Knowledge staff
L1 visas are issued for an initial 1 or 3 years.
L1A visas can be extended to a maximum of 7 years.
L1B visas can be extended to a maximum of 5 years

Candidate Requirements:

You must have worked for the transferring employer outside US for at least one year in the last three.
If you are a manager/executive, you must be going to manage a major subdivision or function of your employer's US operation.
If you are a specialized knowledge worker, you must have in-depth experience of your employer's particular products, processes, procedures and/or practices.

E Treaty Trader or Treaty Investor Visas

Description:

These are visas for the employees of companies registered as Treaty Traders or Treaty Investors (i.e. those which undertake substantial trade with, or have made substantial investment in, the USA.)
E visas are now generally issued for an initial period of up to 2 years; they can be renewed indefinitely.

Candidate Requirements:

You must be of same nationality as the Treaty Registered employer (i.e. if you work for a UK company, you can only go to the US on an E visa if you are a UK national).
You must be experienced in, and going to undertake, a managerial or executive role OR must have skills or knowledge essential to the operation of the business in the US in order to qualify for the E Treaty Trader or Treaty Investor Visa.

E-3 Visa for Australians

In 2005, the US announced a new visa called the E-3, for Australians only. The E3 visa allows Australian nationals, along with their spouses and children, to come to the US to work in a specialty occupation.
This should be welcome news for Australians interested in working in the US. Until now, Australians have had to battle it out with others around the world for the highly desired H1B Visa. Last year only 900 Australians obtained an H1B - now Australians have 10,500 E3 visas just for themselves. A specialty occupation is one that requires a body of knowledge in a professional field, and at least a bachelor's degree or its equivalent, as a minimum for entry into the occupation in the United States. For Australians interested in the E3 visa, the process is actually quite similar to the H1B visa. You must first find a job with a company who will then sponsor your visa. There are 10,500 E-3 visas available per year.Spouses of an E-3 visa holder are permitted to come to the US and work also. A spouse's employment may be in a position other than a specialty occupation.

J-Visas

Exchange visas can be obtained for 18 months through approved J visa programs. The aim of this program is to foster international relations by bringing exchange visitors into the US to acquire skills that can be utilized in their home country. These programs need to be designated by the United States Information Agency. If you wish to work for a short period of time, the easiest method may be on a J-1 exchange visitor visa. However if you wish to apply for a "more permanent" non-immigrant visa at a later date or permanent residence, depending on the scheme, there may be problems. There is a two-year home residency requirement after the J visa program is complete. Please visit the US Department of State's Web site for more details on the types of J visa provided. The web site is http://exchanges.state.gov/. In addition the two-year home residency requirement may be waived.

What about my spouse and children?

Dependants of personnel with US work visas are not generally allowed to work in the US, unless they can qualify for a US work visa in their own right, and can find a US employer to sponsor them. Dependants can, however, engage in study in the US. The dependants of a US work visa holder obtain their derivative visas at the same time as the main visa holder.

Other Visas:

A Visas: Diplomatic PersonnelB Visas: Temporary Tourist/Business VisasC Visas: Continuous TransitD Visas: Crewmember VisasF Visas: Students (academic) VisasG Visas: International Organization RepresentativesH Visas:
H-1B: Speciality Workers/Fashion Models
H-2A: Temporary Agricultural Workers
H-2B: Skilled/Unskilled Workers Provided USCs/LPRs Unavailable
H-3: Trainees
H-4: Accompanying Family Members
I Visas: Foreign MediaK Visas: Fiance Visas/Spousal VisasM Visas: M-1 (vocational) Study Visas/Non-Academic StudentsN Visas: Relatives of Employees of International OrganizationsO Visas: Aliens with Extraordinary Ability and their Support TeamP Visas: Internationally Recognized Entertainers or AthletesQ Visas: Cultural Exchange VisasR Visas: Religious WorkersS Visas: People Who Provide Information to US Law Enforcement AgenciesT Visas: Victims of Trafficking
TN Visas: Trade Visas for Canadians and Mexicans

Benefits for Contractors

In today’s competitive staffing arena, benefits are critical elements for contract employees.
I firmly believe that quality benefits attract quality candidates and also provides a motivation force for contractor retention. As the employer, can offer the following Benefits to their contract employees. Contractors may choose any combination of these benefits. The majority of the benefits are pre-taxed payroll deductions.

Health Insurance: This is a national PPO Plan available to all contractors who work at least an average of 25 hours per week. Prescription coverage is included. The cost of the medical coverage is based on individual, employee and spouse, employee and child(ren), or family coverage.

Dental Insurance: Every employee has the option to elect dental insurance. This is a voluntary plan where the employee can choose to see any dentist. 100% of the usual and customary cost is covered for preventive procedures immediately, 80% for restorative procedures immediately, and 50% for major procedures after a 12-month waiting period. The cost to the employee is based on individual, employee and spouse, or family coverage.

Vision Insurance: This voluntary plan is available to all contractors who work at least an average of 25 hours per week. The vision plan includes savings on vision exams, frames, lenses, and contact lenses. A laser vision correction benefit is also included.

Life Insurance: This policy is available to all contractors who work at least an average of 20 hours per week. The contract employee may buy the life insurance in multiples of $10,000 up to $300,000, not to exceed six times their annual salary. Additional life insurance may be purchased for spouse and children. These policies are portable, meaning they can stay with the contractor even if he/she leaves the contractor.

Accidental Death and Dismemberment Insurance: Included in the above life insurance policy is AD&D coverage. If a covered employee loses their life caused by an accident, the life insurance amount will be doubled. If the covered employee loses their hand, foot, or sight of one eye caused by an accident, half of the life insurance amount will be paid. If the covered employee loses two of the above caused by an accident, the life insurance amount will be doubled.

401(k) Savings Plan: Each Contracting employee has the option to join our 401(k) Savings Plan at the end of six months of continuous employment. The employee can contribute up to 90 percent of their weekly salary up to the 2005 maximum of $14,000 ($18,000 if age 50+)


Disability Insurance: Eligibility is determined by the insurance company. Disability benefits can be payable if the employee has a non-work related accident or illness and is unable to work. Benefits range from $700 to $3000 per month, depending on the employee’s monthly income. The length of the benefit can range from three months to 24 months and the waiting period for the benefit can range from 0 to 90 days. These three variables determine the cost of this benefit to the contract employee. This policy is portable, meaning it can stay with the contractor even if he/she leaves Contracting’s employ.

Personal Accident Insurance: This option is available to all active employees. This policy is designed to help cover the expenses associated with an accidental injury. This policy pays the employee directly, regardless of any other insurance they may have. The cost to the employee is based on individual, employee and spouse, employee and child(ren), or family coverage.

Voluntary Indemnity Plan: This option is available to all active employees. This policy is designed to help cover expenses associated with hospital confinements, surgery, ambulance services, heart attack, stroke, coma, and paralysis diagnoses. This policy pays the employee directly, regardless of any other insurance they may have. The cost to the employee is based on individual, employee and spouse, employee and child(ren), or family coverage.

Cancer Protector Plan: This option is available to all active employees. This policy is designed to help cover expenses associated with cancer diagnosis. Payable benefits include a first occurrence benefit, radiation and chemotherapy, hospital confinement, experimental treatment, nursing services, and prosthetic device benefits. This policy pays the employee directly, regardless of any other insurance they may have. The cost to the employee is based on individual, employee and child(ren), or family coverage.

Intensive Care Protection Plan: This option is available to all active employees. This policy is designed to help cover expenses associated with confinement in a hospital intensive care unit (ICU). Benefits include a sub-acute intensive care unit benefit, human organ transplant benefit, and ambulance benefit. This policy pays the employee directly, regardless of any other insurance they may have. The cost to the employee is based on individual, employee and spouse, employee and child(ren), or family coverage.

How do you determine if a contractor should be paid on a W-2 or a 1099?

IRS 20-Point Checklist
How do you determine if a contractor should be paid on a W-2 or a 1099?

The IRS has established a 20-point checklist the can be used as a guideline in determining whether or not a contractor can legally be paid on a 1099. This checklist helps determine who has the "right of control." Does the employer have control or the "right of control" over the individual's performance of the job and how the individual accomplishes the job? The greater the control exercised over the terms and conditions of employment, the greater the chance that the controlling entity will be held to be the employer. The right to control (not the act itself) determines the status as an independent contractor or employee. The 20-point checklist is only a guideline, it does not guarantee that a person is correctly classified. There is no one single homogenous definition of the term "employee." Most agencies and courts typically look to the totality of the circumstances and balance the factors to determine whether a worker is an employee.
Following are the 20-points that have been established:

Must the individual take instructions from your management staff regarding when, where, and how work is to be done?
Does the individual receive training from your company?
Is the success or continuation of your business somewhat dependent on the type of service provided by the individual?
Must the individual personally perform the contracted services?
Have you hired, supervised, or paid individuals to assist the worker in completing the project stated in the contract?
Is there a continuing relationship between your company and the individual?
Must the individual work set hours?
Is the individual required to work full time at your company?
Is the work performed on company premises?
Is the individual required to follow a set sequence or routine in the performance of his work?
Must the individual give you reports regarding his/her work?
Is the individual paid by the hour, week, or month?
Do you reimburse the individual for business/travel expenses?
Do you supply the individual with needed tools or materials?
Have you made a significant investment in facilities used by the individual to perform services?
Is the individual free from suffering a loss or realizing a profit based on his work?
Does the individual only perform services for your company?
Does the individual limit the availability of his services to the general public?
Do you have the right to discharge the individual?
May the individual terminate his services at any time?

In general "no" answers to questions 1-16 and "yes" answers to questions 17-20 indicate an independent contractor.
However, a simple majority of "no" answers to questions 1 to 16 and "yes" answers to questions 17 to 20 does not guarantee independent contractor treatment.
Some questions are either irrelevant or of less importance because the answers may apply equally to employees and independent contractors.

Defination of 1099,W2 and IRS

1099s and Taxes:
When a person is paid on the form, 1099-misc, all money earned by the individual is paid on an untaxed basis. It is then the responsibility of the individual to file and pay the appropriate taxes. These taxes can be owed to Federal, State and Local governments. Workers compensation and unemployment issues also must be addressed independently.

W-2s and Taxes:
When a person is paid on the form W-2, the employer automatically withholds and pays all of the necessary employee income taxes as required by the IRS. These taxes include: Federal Income Tax, State Income Tax, and FICA (Social Security and Medicare). In addition, the employer will pay all of the necessary employer taxes. These taxes include: FICA (Social Security and Medicare), FUTA (Federal Unemployment Tax), and SUI (State Unemployment Tax).

The IRS and Taxes :
In recent years, the IRS has begun to realize the large sums of potential tax revenue they are losing due to misclassified 1099 independent contractors who should legally be W-2 employees. When a company pays a contractor on a 1099-misc form, they avoid the following: federal and state tax withholdings, deposits and reports, the employer’s share of Social Security and Medicare taxes, state and federal unemployment insurance premiums, state disability insurance premiums, Workers’ Compensation costs, fringe benefits, vicarious liability for employee negligence, and EEOC regulations. The IRS estimates that it loses between $4 to $20 billion per year in unpaid taxes as a result of this misclassification problem. Understandably, the IRS has made it a priority to investigate 1099-misc forms that are turned in at the end of the tax year. The IRS is continually conducting audits to determine whether or not contractors are being properly classified.

Friday, December 1, 2006

Directory of Search Engines

Directory of Search Engines

A comprehensive list of Internet Search Engines and links to their advanced search pages. Also check out www.searchenginewatch.com.

Search Engines

alltheweb.com
AltaVista
Ask
AOL
DMOZ
Dogpile
Excite
Google.com
HotBot
Infodump
LookSmart
Lycos
MetaCrawler
Mamma
MAMMA
PowerMSN
Teoma
Vivisimo
WebCrawler
Wisenut.com
Yahoo!

Advanced Search Pages

alltheweb Advanced Search
AltaVista - Search
DMOZ Advanced Search
Dog Pile Advanced Search
Google Advanced Search
Hotbot Advanced Search
Lycos Pro Search
MetaCrawler Advanced Search
Teoma Advanced Search
Webcrawler Advanced Search
Yahoo! Advanced

Advanced Search: Boolean Cheat Sheet

AND
Finds documents containing all of the specified words or phrases. Resume AND Sales finds documents with both the word Resume and the word Sales.

OR
Finds documents containing at least one of the specified words or phrases. Resume OR Sales finds documents containing either Resume or Sales. The found documents could contain both items, but not necessarily.

AND NOT
Excludes documents containing the specified word or phrase. Resume AND NOT Sales finds documents with Resume but not containing Sales. NOT must be used with another operator, like AND. AltaVista does not accept 'Resume NOT Sales'; instead, specify Resume AND NOT Sales.

NEAR
Finds documents containing both specified words or phrases within 10 words of each other. Resume NEAR Sales would find documents with Resume Sales, but probably not any other kind of Sales.

( )
Use parentheses to group complex Boolean phrases. For example, (Resume AND Sales) AND (Selling OR CV) finds documents with the words 'Resume Sales and Selling' or 'Resume Sales and CV' or both.

anchor:text
Finds pages that contain the specified word or phrase in the text of a hyperlink. anchor:"Click here to visit sales.com" would find pages with "Click here to visit sales.com" as a link.

domain:domainname
Finds pages within the specified domain.

host:hostname
Finds pages on a specific computer. The search host:www.shopping.com would find pages on the Shopping.com computer, and host:dilbert.unitedmedia.com would find pages on the computer called dilbert at unitedmedia.com.

link:URLtext
Finds pages with a link to a page with the specified URL text. Use link:www.myway.com to find all pages linking to myway.com.

text:text
Finds pages that contain the specified text in any part of the page other than an image tag, link, or URL. The search text:graduation would find all pages with the term graduation in them.

title:text
Finds pages that contain the specified word or phrase in the page title (which appears in the title bar of most browsers). The search title:resume would find pages with resume in the title.

url:text
Finds pages with a specific word or phrase in the URL. Use url:myway.com to find all pages on all servers that have the word myway in the host name, path, or filename--the complete URL, in other words.

Boolean Operator for searching -Seraching Redefined

Boolean Operators

Search engines can be considered as a cluttered resume database. Using detailed searches with Boolean search operators can drill down and find the information you are looking for faster. These operators are used to weed out irrelevant pages thereby narrowing your search results to find exactly what you are looking for.
Each search engine is unique and we recommend to review the help section on each of the search engines to determine what Boolean operators are supported.

Boolean Key

AND - The AND operator delivers results with the terms you requested. For example, searching resume and oracle will return pages with both terms - resume and oracle.

OR - The OR operator delivers results with either of the terms you requested. For example, MCSE OR M.C.S.E.

NOT - The NOT operator will not deliver certain words in your search results. For example, Java NOT coffee will deliver closer results for JAVA Programmers and not Java Coffee.

NEAR - The NEAR operator locates words that are located in close proximity to other words. For example, Java NEAR Programmer. Not every search engine supports this operator.

( ) Parentheses - The ( ) operator allows you to group terms and build longer search strings. For example, NOT (submit AND employer) will avoid pages with both names.

* - The * operator is a wild card. Adding a wild card will find words contain the wild card. For example program* will help so you do not have to run separate searches for words similar like: programmer, programming, program
Example of Complex Search String
resume AND (java or JavaScript) AND program* AND (New York or NY or 212) AND NOT (coffee or submit)

* In some case i recommend to go to the advanced search option within the search engine.

Search Engine Quick Guide

AND

AltaVista
resume AND oracle
+resume +oracle

HotBot
resume AND oracle

InfoSeek
+resume +oracle

Northern Light
resume AND oracle
+resume +oracle

Snap
resume AND oracle


OR

AltaVista
resume OR oracle
HotBot
resume OR oracle
InfoSeek
Default is OR automatically
Northern Light
resume OR oracle
Snap
resume OR oracle

NOT

AltaVista
resume NOT submit
+resume –submit

HotBot
resume AND NOT submit
Select “Must not contain”

InfoSeek
+resume -submit

Northern Light
resume NOT submit
+resume -submit

Snap
resume AND NOT submit
Select “Must not contain”

NEAR

AltaVista
oracle NEAR programming
(finds words within 10 words of each other)

HotBot
Not Supported

InfoSeek
Not Supported

Northern Light
Not Supported

Snap
Not Supported

" "
AltaVista
“sales manager”

HotBot
Select “Exact Phrase”

InfoSeek
“Document must contain exact phrase”

Northern Light
“sales manager”

Snap
Select “Exact Phrase”

( )

AltaVista
resume AND (sales OR “sales manager”)

HotBot
resume AND (sales OR “sales manager”)

InfoSeek
Not Supported

Northern Light
resume AND (sales OR “sales manager”)

Snap
resume AND (sales OR “sales manager”)

* (Wild Card)

AltaVista
develop* (finds develop or developer or any other word starting with develop)

HotBot
Not Supported

InfoSeek
Not Supported

Northern Light
* replaces multiple characters, % replaces one character

Snap
Not Supported

Field Searches

X-Ray

AltaVista
host:website.com

HotBot
domain:website.com

InfoSeek
“url must contain” website.com

Northern Light
“words in url” website.com

Snap
domain:website.com

Flip Search

AltaVista

link:website.com

HotBot
“links to this url” http://www.website.com

InfoSeek
“hyperlink must contain the words” website.com

Northern Light
link:anysite.com

Snap
“links to this url” http://www.website.com

Page Title Search

AltaVista
title:resume

HotBot
“words in the page title” resume

InfoSeek
“title must contain” resume

Northern Light
“words in the title” resume

Snap
“words in the page title” resume

URL Search

AltaVista
url:resume

HotBot
Not Supported

InfoSeek
“url must contain the words” resume

Northern Light
“words in url” resume

Snap
Not Supported

Definitions:
X-Raying - searches for pages that are all on the same host.
Flipping - searches for pages that link to a specific page.
Page Title - searches for pages that has specific words in page title.
URL Search - searches for pages that has specific words in the URL or web address.

What You Don't To Candidates By Bill Radin

What You Don't To Candidates
By Bill Radin
BillRadin.com

As recruiters, we often walk a fine line between full disclosure and keeping our cards close to the vest. For example, there are some things you SHOULD discuss with your candidates when presenting a job opportunity. These include:
Job title, responsibilities and expected results
Salary, benefits, reporting relationships and promotion potential
Size, history and ownership of the company
Imminent or forecasted changes that may affect the position
What to expect during the interview and offer processObviously, you can withhold certain information during an initial candidate screening, especially if you feel the candidate lacks sufficient interest or fails to meet the qualifications for the job. Or, if your search involves the confidential replacement of an incumbent, the employer may instruct you to use discretion in order to avoid internal strife or confusion.On the other hand, there are some things you SHOULD NOT discuss with the candidate, such as:Proprietary technologies or strategies used by your client
Qualifications or identity of other candidates
Rumors or gossip surrounding the company or its employees
Any personal feelings you have about the company or its employeesSince enthusiasm is a key element to any recruiting effort, it's okay to describe your client company as "wonderful" and its employees as "terrific." Just be careful not to overreach and misrepresent the company's people or performance. To cite your client's expectations of landing a big contract is decidedly different than stating their expectation as fact.How Does that Make You FEEL?Regarding my personal feelings, I've never considered them relevant to my role as a recruiter. True, it's nice to feel warm and fuzzy about a client. But if I can't relate to a manager's style or personality, that's MY problem—it doesn't mean the candidate won't benefit professionally from working for the person or joining the company. And if the manager's a real jerk and it negatively affects our working relationship, I'll simply take a pass on the job order—while taking care not to burden my candidates with baggage that's none of their business.

--- Bill Radin

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Biography : BILL RADIN is a top-producing recruiter whose innovative books, tapes and training seminars have helped thousands of recruiting professionals and search consultants achieve peak performance and career satisfaction