BDV EB-3 Unskilled Visa Employee FAQ

PRE-HIRE FAQ’s

1. Do I need to contact my employer to notify them of approval of my Employment Authorization Document, I-140 petition, or I-485 Green Card?

No. BDV Solutions serves as the point of contact for immigration issues and initial onboarding and we will notify your employer should any immigration-related approvals or actions occur.

2. Should I contact my employer with a shift preference prior to my onboarding / orientation?

No. It is important to remember the employer is obligated to treat you as they would any U.S. worker. Therefore, our clients are expected to be available to work any shift needed concurrent with the employer needs at the time of hire. In most of these positions, U.S. workers could not request shift preferences and they have no obligation to grant you any shift(s) that you may request. However, BDV Solutions serves as your point of contact should you have questions about your work shift, and we can engage with the employer to determine whether they can meet your shift preference in extremely limited circumstances.

3. Who should I contact to assist me with starting work for my employer?

BDV Solutions is your point of contact and acts as an intermediary until and beyond your date of hire.

4. When should I contact BDV Solutions?

When your Employment Authorization Document (EAD) Card is approved, or you are issued verbal or written approval at your consular interview, you should contact our Welcome Services Director, John Cooper at John@bdvsolutions.com or Assistant Welcome Services Manager Davis Vergnolle at dvergnolle@bdvsolutions.com. You may always contact them prior to your approval for any employment or settlement related questions, but they will be most engaged with you during your period of moving and employer onboarding. Please do not make the mistake of moving or making any other related changes without first speaking with Welcome Services for their guidance.

5. Will I start work immediately after my Employment Authorization Document (EAD) Card is approved?

Maybe. Once your EAD is approved, BDV Solutions will consult with both the employer and the associated legal team to determine whether, if and when you should begin employment immediately or await approval of the I-140 petition. Generally, we advise our clients to await I-140 approval before starting work, but this is assessed on a case-by-case basis.

6.What about my school / F1 or F2 status, if applicable?

Before deciding whether to leave school or not, please consult with Isaiah Shelton at BDV Solutions. He can be reached at ishelton@bdvsolutions.com. He will then consult with your legal team(s) to determine whether it is an appropriate time for you to advise your school of your departure and begin your work.

POST-HIRE

1. How long am I obligated to work?

We generally advise clients to work at least one year for our partner employers. If you leave earlier than that year, then the employer may feel you did not intend to work for them but rather were seeking a quick Green Card. If they perceive you did not intend to work for them and were only seeking their employment for a Green Card, they have a right to report you to USCIS.

2. May I refuse to work a certain schedule or switch schedules?‍

No. U.S. employers for unskilled jobs must treat our clients as they would any U.S. worker. Employers, such as our partners, are generally employing candidates on a “at-will” basis, meaning they can terminate your employment at any time and for any reason, including insubordination, poor performance, and / or a refusal to work. Therefore, our partner employers have an absolute right to terminate your employment should you refuse to work a certain reasonable schedule. BDV Welcome Services may help you make a request, but certainly not a demand, for a different schedule in certain limited circumstances. Any changes are always at the sole discretion of the employer.

3. How do I get health insurance and how much will it cost?‍

Some of our partner employers offer health insurance and others do not. Should your employer not offer health insurance, please feel free to purchase health insurance on the private market or through a family member. To determine whether your employer offers health insurance, please contact our Welcome Services Director John Cooper at John@bdvsolutions.com. Coverage, when available, will almost always be offered for purchase to include any legal dependents residing with you.

4. Am I able to switch locations?‍

Possibly but unlikely. Whether you can switch is at the sole discretion of the Employer in consultation with BDV Solutions. The ability to switch locations can only occur in limited, extreme circumstances based on the facts of your situation. Please discuss any desire to switch with our Welcome Services Director, John Cooper at John@Bdvsolutions.com.

5. Will the other employees know my immigration status?‍

BDV Solutions does not disclose your immigration status to other employees, and we discourage our partner employers from disclosing your immigration status as well. However, it does happen, and other employees may become aware of your immigration status. Under both U.S. immigration and civil rights laws, immigrants such as yourself must be treated like U.S. workers. For more information, please find the “EEOC is the law” poster which should be posted in your workplace. If, at any time, your employer including any supervisor or co-worker is treating you differently, please report it to a supervisor or follow the reporting mechanism as outlined in your company policy. If you are uncomfortable reporting it to a supervisor or someone else, please contact our Welcome Services Director, John Cooper at John@bdvsolutions.com.

6. Will my schedule change?‍

Possibly. Some employers rotate schedules weekly while others do not. If your Sponsor is a restaurant or food service employer, you will likely be given a rotating schedule.

7. Can I work a second job?‍

Yes. While you may work another job, your number one priority is the BDV-sourced employer. That employer is petitioning for your immigration and therefore has absolute priority. Any other job should not interfere in any way with your primary, BDV-sourced employer. Should the second job in any way interfere, the BDV-sourced employer has an absolute right to terminate your employment and terminate your green card petition.

8. May I maintain my school or educational program during my employment?‍

BDV Solutions highly discourages maintaining your F-1 or educational program during your employment. Your educational program will almost always interfere with your employment which should be what you devote 100% of your time. In limited circumstances, some clients have made this work so long as the school is 100% online.

9. When will I get my paystubs and how?‍

All partner employers of BDV Solutions, to date, do offer online access to your paystubs. You should talk to your supervisor about how to sign up to receive that online access. Please let us know if you have any issues.

10. What should I do if the legal team of my employer is not responding to my questions in a timely manner?‍

The attorneys who represent the employers who are petitioning for you must respond to thousands of inquiries from all of our clients. Therefore, we ask that you give the law firm representing the employer at least four (4) business days to respond to your inquiry. Should you send repeated messages and do not receive a response, please email BDV Solutions at processing@bdvsolutions.com.

11. Can you find me a new roommate?‍

Generally, no. However, if our Welcome Services team find out that others in your area are also looking for roommates, we will advise you of such. We have updated our privacy protocols and we are no longer allowed to share any contact information without explicit consent of all parties. However, we will do our best to help to make helpful connections within this framework.

12. Is my workplace safe during COVID19?‍

Each of our employers has conducted risk and hazard assessments for all types of workers and have created plans to address identified hazards and how to re-open their facilities safely during COVID-19. For some of our partner employers, this has included increasing physical space between employees and customers, relying on drive-through services, erecting partitions, marking floors to guide spacing at six (6) feet apart. Our employers have also devoted considerable resources to daily cleaning and disinfecting of surfaces. Should you feel your workplace is not safe, please discuss your concerns with your supervisor or with our Welcome Services Director, John Cooper at John@bdvsolutions.com.

a. Who should I contact regarding childcare during COVID19?‍

Please talk to the Welcome Services team first and they can help you discuss any plans and questions related to childcare.

b. What if I have been in contact with someone with COVID19?‍

You should immediately discuss this with your supervisor, quarantine as directed by medical staff, and take any steps requested by your employer or physician. Once you have recovered and / or quarantined for the required time, you will need a physician or providers letter approving your return to work. We can help you with this and will address any related concerns on a case-by-case basis, including assisting you with online medical providers for your area.

13. May I commute to my job from a long distance?‍

Yes, but we generally discourage long-distance travel. Our employers require a local address for hire and the ability of our employees to be close in case of emergency shift coverage.

14. Who do I contact when my employment period is complete?‍

When your one-year of work is over and should you request to terminate your employment, please contact our Welcome Services Director, John Cooper at John@bdvsolutions.com. We request our employees to contact us first so that we can work with the employer to meet their required needs.

15. Once I receive my Green Card, what should I do?‍

Once your Green Card is approved, please send a copy of the physical card (both front and back) to Welcome Services Director, John Cooper at john@bdvsolutions.com or Isaiah Shelton at Ishelton@bdvsolutions.com. We will assist you with the notification of same to your employer.

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