Non-immigrant Visas

Work visas may work against the United States

2007-03-07T22:52:00.000-08:00

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.

Types of L-1 Visas

2007-03-08T20:52:00.000-08:00

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.

Extending H1B visa beyond 6 years - Scenario 2:

2007-02-27T23:43:00.000-08:00

The section 104(c) of AC21 permits non-immigrants with approved I-140 petitions who are unable to adjust status because of per-country limits, to be eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. You can extend stay beyond 6 years in H1b status, provided if they have an employment based green card petition and are not eligible to file adjustment of status application only because you are from a country for which priority date is not current. The extensions of stay under section 104(c) of AC21 shall be made in increments of three years

In order to apply for an H-1B visa extension beyond maximum 6-year limit, the petitioner must file a Form I-129 on behalf of the non-immigrant beneficiary. The petitioner may be either the beneficiary's current employer or a new employer. The rules and fees for processing the H1B visa extension petition are same as that of processing the H1B visa.

USCIS put forward a suggestion to increase filing fees

2007-03-11T21:08:00.000-07:00

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.

Purpose of the LCA

2007-03-09T20:58:00.000-08:00

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.

H-3 Visa for Foreign Trainees

2007-03-08T23:06:00.000-08:00

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.

How can a foreigner work in the United States?

2007-03-07T20:00:00.000-08:00

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.

Advantages to applying for an H-1B

2007-03-06T23:06:00.000-08:00

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.

US Officials plans to raise H1B visa cap

2007-03-06T20:24:00.000-08:00

H1B visas have been a great choice for those who bring specialty occupation workers to the U.S. to work temporarily. Most of the large companies in the tech industry like to hire more professionals through H1b program. For instance, the U.S. companies like Intel and Microsoft want to hire more foreign professionals because they can pay them less.

The annual quota only allows for 65,000 H1B visa approvals. Of 65,000 H1B visas, 6,800 are reserved for the citizens of Chile and Singapore under free trade agreements with those countries. This annual quota has had a significant impact on the high tech industry.

As there is a great demand for us work visa and faced with a real shortage of expertise in the American labor market, a proposal was put forwarded to raise the cap on H1B visa. This proposal, which will give more Indian professionals a chance to work in the US, received a major boost in the U.S. Congress. The Senate version in the last Congress had called for doubling the cap on H1B visas from the current level of 65,000 with additional annual increases.

Can I work for multiple employers on H1B Visa?

2007-03-06T00:02:00.000-08:00

Yes. According to the regulations and interpretations a foreign national is allowed to work for multiple employers on H1B visa. H1B visa holder can work full or part time, performing only the activities mentioned in the employer application. Typical H-1B occupations include engineers, architects, accountants, doctors, computer programmers, and college professors.

If the H1B visa holder is to perform services for multiple employers (either full time or part time), then each employer must file a separate petition with the service center having jurisdiction over the area where the alien will perform services or receive training, unless an established agent files the petition. If each of the employers is ready to file a H1B petition for you, you can work for as many employers as you want. The immigration and labor laws do permit this course of action.

What is the processing time for H-1B visa?

2007-03-04T23:52:00.000-08:00

H-1B visa is a US non-immigrant visa available to aliens in specialty occupations which demand a bachelor's degree. The processing time for H-1B visa is the time it takes USCIS to process an application from the receipt to completion. They are specific for specific service centers.

When compared to other types of non-immigrant visas, the process of applying for H-1b visa is extremely complicated. So many steps are involved in the process of applying for H1B visa. In effect, the whole procedure takes about 6 months.

H-1B visa processing time vary widely from person to person depending on your personal circumstances. Also, it depends on the quality of information and evidence you provide. The petitioner has to wait at least two weeks after sending the application for a receipt from the USCIS and another two weeks before you call the USCIS to check the status.

There are two methods to file your H1B visa application

Regular Service
Premium Processing Service

Normally, it takes between three to six months to process an H-1B visa, if the application is filed using regular service. If your choice is premium processing service, then your visa petition will be processed within 15 days of filing. To make use of this H1B premium processing service, the petitioner must pay an additional fee of $1000 to the USCIS.

Is it possible to transfer H1B Visa?

2007-02-26T21:44:00.000-08:00

Yes, H1B visa transfer is possible. According to the AC21(American Competitiveness for the 21st Century Act) , an alien who is previously granted with H1B work visa may transfer to a new H-1B job provided that the new employer has filed a non-frivolous petition on behalf of the foreign national. Also, the transfer of h1b visa requires that the alien has not accrued unlawful presence in the United States.

H1B visa transfer is merely a transfer of the existing visa and not the issuance of a new visa. The applicant must be physically present in the United States for the transfer of h1b status from Company A to Company B. It is not necessary to inform the present employer about the visa transfer. The processing time of h1b visa transfer petition is same as the time for h1b visa processing. Normally, the processing time for h1b visa transfer ranges between 3 and 8 weeks.

Advantages:

As soon as the new employer files your application with the USCIS, the visa holder is permitted to work for the new employer before the approval of change of employment.
H1B visa holder is allowed to apply for visa transfer with more than one company at the same time.
One can apply multiple times for H1B transfer.

Can I extend my H1B visa beyond 6 years?

2007-02-27T23:48:00.000-08:00

It is possible to obtain an extension of H-1B status beyond the 6-year maximum period. Under the American Competitiveness in the Twenty-First Century Act (AC21), an H1B non-immigrant can be in H-1B status for a maximum period of six (6) years at a time. This act came into effect on October 17, 2000.

Let us consider the two scenarios for extending the H1B visa beyond the 6 year limit.

Scenario 1:

The AC21 106 enables non-immigrants to obtain an extension of H1B status past 6 year, when

H1B non-immigrant is the beneficiary of an employment based immigrant petition or an application for adjustment of status; and

365 days or more have passed since the filing of a labor certification application (Form ETA -750)/EB immigrant petition (Form I-140).

The Attorney General is necessary to grant the extension of stay of such H1B non-immigrants in 1 year increments, until a decision is made on the H-1B non-immigrant's green card.

Scenario:2 to be continued in next blog

What is H1B Visa?

2007-02-23T23:26:00.000-08:00

The H1B is a non-immigrant visa category established by the USCIS (U.S. Citizenship and Immigration Services). This visa option permits the U.S. companies and universities to temporarily employ foreign workers who have the equivalent to a US Bachelor's Degree. The following professionals are eligible to apply for H1B work visa.

IT / Computer professionals
University professors and teachers
Healthcare workers
Engineers
Accountants
Financial analysts
Lawyers
Architects
Scientists
Foreign Law advisors

Initially, H1B visa is issued for a period of 3 years at a time. It is extendable by another 3 years on renewal. Through H4 visa, H1B visa holder is allowed to bring their dependants during the validity of the visa. The foreign nationals employed under this visa category may file permanent positions ("USA Green Cards") in the United States, as long as they leave the United States at the end of their authorized periods of stay, including any extensions of stay. H1B visa is generally aside for foreign workers in "specialty occupations".

Specialty occupation refers to certain USA jobs that require theoretical and practical application of a body of highly specialized knowledge along with at least a bachelor's degree or its equivalent from an accredited institution. For example, engineering, architecture, medicine and health, business specialties, accounting, education, physical sciences, social sciences, mathematics, law, theology, and the arts may be considered to be specialty occupations.

Is there any fast track for processing H1B visa application?

2007-02-26T23:53:00.000-08:00

Yes, H1B premium processing! H-1B premium processing provides employers the opportunity to obtain faster processing of a H1B visa petition. Under premium processing service, the USCIS guarantees to process the visa petition within 15 days. The 15-day processing period begins when the USCIS identifies the request for premium processing.

The petition for premium processing service should be filed by an employer or U.S. business. In order to utilize the premium processing service, the employer must complete Form I-907 (Request for Premium Processing). Also, the applicant must pay an additional fee of $1,000 to the USCIS. The fee should be paid as a separate check or money order.

The petition for premium processing H1B visa application should be filed at the appropriate Service Center. The premium processing will end upon the mailing of a notice which is a notice of approval or request for evidence. The USCIS guarantees to refund the additional fee if they fail to process your application with 15 calendar days.

Besides H1B visa, the following non-immigrant visas can also be processed through premium processing service.

H-2A Visa
H-2B Visa
H-3 Alien Trainee Visa
O-1 Visa
O-2 Visa
P-1 Visa
P-2 Visa
P-3 Visa
L-1 Intra Company Business Visa