USCIS put forward a suggestion to increase filing fees

The United States Citizenship & Immigration Services (USCIS) announced that they are planning to increase the filing fees for immigration and naturalization applications and petitions. The plan affects non-immigrant visas such as H1B visas and L-1 visas; employment-based immigration petitions, family-based green cards and naturalization cases.

On February 1, 2007, the USCIS has published a Notice of Proposed Rule Making in the Federal Register, which lists the proposed fee increases and the reasons for raising the filing fee. The USCIS states that the raised fees will pay for the rising cost of processing applications and petitions.

For its day-to-day operation, the USCIS, a fee-based agency, does not receive any funding from the Federal Government. So, its expenses must be funded by these filing fees. Along with the increased revenue, the USCIS also plans to reduce the processing times by 20% over the next few years. Under the proposed fee structure, the applicants and petitioners will have to pay more for immigration benefits.

Posted Sunday, March 11, 2007 @ 9:08 PM

Purpose of the LCA

A Labor Condition Application (LCA) is used by the U.S. companies/employers as a supporting evidence for filing the petition for an H-1B visa. It is a mandatory requirement for all foreign nationals holding H-1B Visa.

The Labor Condition Application serves two related purposes:

Ensures that U.S. workers who are similarly employed will not be adversely affected by the foreign workers.
Ensures that foreign workers are not exploited.
Ensures that US wages are not depressed by the hiring of foreign labor.

While the employer/job sponsor files the petition on behalf of employee, the employer must attest that it will not violate the Department of Labor (DOL) regulations. For this purpose, the employer files LCA with the DOL. On labor condition application, the job sponsor makes specific representations regarding the conditions under which the foreign worker was hired and will be employed. Attestations made in the Labor Condition Application are as follows:

The employer will pay the required wage which is greater of the prevailing wage or the actual wage paid to other employees in the same job position.
The job offered to the foreign employees will not adversely affect the working conditions of US workers.
At the time of filing LCA, there was no strike, lockout or other work stoppage because of a labor dispute.
A copy of the LCA will be given to the H-1B worker, and
The employer agrees to post notice that the LCA was filed.

Posted Friday, March 9, 2007 @ 8:58 PM

H-3 Visa for Foreign Trainees

With the help of H-3 Alien Trainee Visa, U.S. Companies brings foreign nationals to receive training in an established training program for a maximum period of two years. The training program may be in any field of endeavor, for example, commerce, agriculture, government, professions, finance, agriculture, or in an industrial establishment. This visa document does not cover individuals seeking graduate medical training.

In 1990, H-3 visa regulations for foreign trainees in the field of special education were relaxed. Training programs in educating children with mental, physical, or emotional disabilities were exempted from the H-3 training program requirements.

H-3 Temporary Trainee Visas are issued for the duration of the training program. Normally, it is issued for a period up to 2 years. The H-3 Visa is not self-petitioning; the employer must submit the petition on behalf of the trainee. H-3 visa holders are permitted to bring their dependents (spouse and unmarried children under age of 21) through H-4 visa.

Posted Thursday, March 8, 2007 @ 11:06 PM

Types of L-1 Visas

L-1 Visa is a non-immigrant visa which permits the foreign nationals to enter the United States for the purpose of work in L-1 status. This visa document is initially granted for up to three years. Extensions are available in two/three-year increments.

L-1 visa has two subcategories:

L-1A for Managerial/ Executive Staff
L-1B for Workers with Specialized Knowledge

L-1A for Managerial/ Executive Staff:

L-1A visas are issued to the foreign national employees working in an executive or managerial capacity. In order to get qualified for L-1A visa, executives/managers should have supervisory responsibility for professional staff and/or for a key function, department or subdivision of the employer. This visa document is initially issued for a period of 3 years and may be extended up to a total of 7 years. Intracompany executives/managers have greater options for green card processing.

L-1B for Workers with Specialized Knowledge:

L-1B visas are issued to the foreign national employees who will be transferred to the U.S. to fill a job which requires specialized knowledge of the organization's services, products, equipment or other functions. The specialized knowledge must be unique to the organization. Initially, it is granted for a period of 3 years and may be extended up to a total of 5 years.

Upon the expiration of validity period, the foreign national employee must leave the U.S. for an aggregate of 365 days and must work for an affiliate or branch of the U.S. Company during that time.

There are two types of L-1 procedures:

Regular L-1 visas - which must be applied for and approved for each individual by the USCIS. To qualify for this visa, the petition must be filed with the USCIS.
Blanket L-1 visas - which are available to employers who hire Intracompany Transferees every year. To qualify for blanket L-1 visa, a petition must be filed with the nearest U.S. Consulate/Embasssy. Along with the petition, the applicant must submit documents supporting personal qualifications.

Posted @ 8:52 PM

Work visas may work against the United States

In the United States, finding qualified candidates with fewer demands continues to be a challenge. So, majority of the large companies in the tech industry like to hire foreign workers through work visa. U.S. Companies/Employers hire foreign professionals on a temporary/permanent basis. With the U.S. work visa, a foreign professional can enter and work in the United States to fill the jobs that the most Americans aren't willing to do.

Advantages of Hiring Foreign Workers:

There so many advantages in hiring foreign professionals.

It is very easy to find qualified workers among foreign nationals.
Foreign workers are less demanding and hard working.
The time to hire foreign workers is very less when compared to U.S. workers.

Considering the above advantages, most of the high-tech companies like Intel and Microsoft prefer to hire foreign professionals to fill the technical position. In this situation, American workers and their advocates want restrictions on these work visas because they feel threatened and pushed aside by these foreign workers.

Posted Wednesday, March 7, 2007 @ 10:52 PM

How can a foreigner work in the United States?

Those who wish to go to the United States with the intention of working there temporarily must obtain a non-immigrant (temporary) work permit. Non-immigrant work visas offer an excellent opportunity to earn work experience which is valuable in the United States as well as abroad. In general, nonimmigrant work visas are based on a specific offer of employment from a U.S. employer.

Work permit in the United States must be obtained through the Immigration and Naturalization Service. Today, so many work visa options are available that allows the foreign professionals to work and reside in the U.S. H1B, L-1, O-1, P-1, P-2, and Q visas are some of them which entitles the holder to work in the U.S. In the case of all of the above visa options, permission to work must be obtained by an employer/U.S. company. The employer/U.S. company must file the Form I-129, Petition for Nonimmigrant Worker, with the USCIS in the Department of Homeland Security. If the petition is approved, the company/employer will be issued a form I-797 enabling you to apply for a visa.

Posted @ 8:00 PM

Advantages to applying for an H-1B

Recruiting qualified candidates from the United States continues to be a challenge. So majority of the U.S. Companies prefer to hire foreign professionals as there many advantages in hiring foreign workers.

Work visas are a great way to come and experience life in the United States. Today, a wide range of work visa options are available, which includes

Of the different types of non-immigrant visas, the most desirable is H-1B work visa. H1B visa gives you the opportunity to gain entrance into the United States must faster than you might with other kind of work visa. One of the most important things that makes this visa so desirable is that, unlike many other non-immigrant visa categories, H1b visa is a "dual intent" visa. To be more precise, once you have received this work visa, you are likely to obtain a green card for more permanent work in the United States.

Another advantage of H-1B category is that the employer does not need to demonstrate a shortage of qualified US workers and consequently the labor certification process can be avoided. Also, you can travel out and return to the US in H1B status.

Posted Tuesday, March 6, 2007 @ 11:06 PM