desi chala usa
06-08 09:23 AM
Yes - this job description can claim for EB2.
Make sure you keep ready your educational evaluation which proves that your education is equal to American M.S/M.B.A and your entire experience letters which say you worked for 5+ years for described job duties in case of RFE (You can't claim experience earned with the empolyer which is filing your PERM.)
Good Luck.
Make sure you keep ready your educational evaluation which proves that your education is equal to American M.S/M.B.A and your entire experience letters which say you worked for 5+ years for described job duties in case of RFE (You can't claim experience earned with the empolyer which is filing your PERM.)
Good Luck.
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sertasheep
07-05 04:00 PM
Gautam,
Can you update your profile with a telephone number? Your phone number currently reads as 123-456-7890.
NOTE to all IV members:
IV requests its members not to undermine or lash out at any individual. Please do not use forums as a platform to voice your personal opinion to assasinate someone's character.Posts that denigrate anyone are not welcome.
With due respect, the Ombudsman is doing what his role demands.
Gautam has his own situation to deal with-
sanju: I'm not taking sides here, but please refrain from using inflammatory language or using strong abusive language. This holds good for all IV members.
BOTTOMLINE: There is no point in engaging in unnecessary arguments.
Can you update your profile with a telephone number? Your phone number currently reads as 123-456-7890.
NOTE to all IV members:
IV requests its members not to undermine or lash out at any individual. Please do not use forums as a platform to voice your personal opinion to assasinate someone's character.Posts that denigrate anyone are not welcome.
With due respect, the Ombudsman is doing what his role demands.
Gautam has his own situation to deal with-
sanju: I'm not taking sides here, but please refrain from using inflammatory language or using strong abusive language. This holds good for all IV members.
BOTTOMLINE: There is no point in engaging in unnecessary arguments.
sai
03-26 06:22 PM
thanks for the info. Sounds interesting.
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sanju
11-09 01:30 PM
And is Bush the Hanuman?
And McCain the Narad Muni?
And Palin the Surpanakha?
Who is Akbar?
.
And McCain the Narad Muni?
And Palin the Surpanakha?
Who is Akbar?
.
more...
kisana
09-02 10:52 AM
There is place in the I-9 , Alien Authorized to work unitll, you need to provide the H1 information instead of the EAD information. Also instead of Alien#, you need to provide Admissible # which is on I-94 of new H1B. When some one submit I-9 form you need to show the Passport and you H1B copy. That way you are sure that you are using H1B.
pbojja
08-15 03:39 PM
My I140 is approved on 12th August . Looks like they found the transfered files atlast.
more...
voldemar
01-10 10:33 AM
I am in similar situation,
But my wife will not be having a valid visa while returning and she will not have her AP before leaving US.?
I would mail the AP once it is approved and can she come back with AP?
If she doesn't have AP approved or H4 visa stamp, her 485 application could be treated as abandoned when she leaves US.
But my wife will not be having a valid visa while returning and she will not have her AP before leaving US.?
I would mail the AP once it is approved and can she come back with AP?
If she doesn't have AP approved or H4 visa stamp, her 485 application could be treated as abandoned when she leaves US.
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bsbawa10
08-15 07:06 AM
How to add an enty?
it does not let me.
Try it now
it does not let me.
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Humhongekamyab
05-14 03:56 PM
Hi,
My Employer has going to file for I-140 under EB2 catogery. I got Labor approved, but I just got call from my Lawer, he was saying that my Education is not being equivalent as US Graduation. He was saying that for GC we can't use work experiance to make this equivalent.
Please advice, what to do?
Here are the details about my education.
Education:
Matriculation : 10 years education
Intermediate : 3 years Diploma (Associate Engineer)
Graduation : 3 years Degree (Comp. Science.)
Experiance:
Aprox. 8 years
Thanks in advace.
:)
Shujaat
Shujaat, you might be better off in being safe than sorry. I've read in the forums that US CIS is strictly interpreting EB-2 regulation so you might be better of in going with EB-3. For EB-2 they prefer single four year degree. Your lawyer would know the best.
My Employer has going to file for I-140 under EB2 catogery. I got Labor approved, but I just got call from my Lawer, he was saying that my Education is not being equivalent as US Graduation. He was saying that for GC we can't use work experiance to make this equivalent.
Please advice, what to do?
Here are the details about my education.
Education:
Matriculation : 10 years education
Intermediate : 3 years Diploma (Associate Engineer)
Graduation : 3 years Degree (Comp. Science.)
Experiance:
Aprox. 8 years
Thanks in advace.
:)
Shujaat
Shujaat, you might be better off in being safe than sorry. I've read in the forums that US CIS is strictly interpreting EB-2 regulation so you might be better of in going with EB-3. For EB-2 they prefer single four year degree. Your lawyer would know the best.
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garybanz
10-29 09:41 AM
It took about 4 days. Mine was filed at CSC and transferred to Nebraska Service Center
Thanks PermFiling.
Thanks PermFiling.
more...
immigrationvoice1
01-10 11:49 AM
Just curious: When will USCIS process my 485?.....
.....probably we would not have an organization like this.
.....probably we would not have an organization like this.
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illusions
04-29 01:03 PM
How to know there is already a case against the employer?
perhaps this will help.
http://www.dol.gov/esa/whd/immigration/H1BWillfulViolator.htm
perhaps this will help.
http://www.dol.gov/esa/whd/immigration/H1BWillfulViolator.htm
more...
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rockstart
10-18 12:31 PM
I have submited my FP all 10 fingers when I was working for my past employer which was a financial company dealing in Credit Cards business. They collect it when they issue badge as part of security and its a federal requirement for financial company. I am not sure if they maintain it internally or send it to FBI for storage does any one have any info?
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gcpain
07-24 04:32 PM
^^^^
more...
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thakgaya
03-29 08:30 PM
I also got the same mail and I sent the letter to my company attorney who responded.
Please attach both the EB3 and EB2 I-140 approval notices, EVL from current employer which matches or similar to the one specified when you filed your EB2 labor. Also attach the latest paystubs.
EB3 Priority Date : Oct 2003
EB2 Priority Date: Mar 2006
I485 Filed - July 31,2007
2 EAD's
3 AP's
I 485 Approval Notice email - 26 Mar 2010
Please attach both the EB3 and EB2 I-140 approval notices, EVL from current employer which matches or similar to the one specified when you filed your EB2 labor. Also attach the latest paystubs.
EB3 Priority Date : Oct 2003
EB2 Priority Date: Mar 2006
I485 Filed - July 31,2007
2 EAD's
3 AP's
I 485 Approval Notice email - 26 Mar 2010
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factoryman
06-19 01:04 PM
Last night I didn't stay at the Holiday Inn. FIFO.
or did you ask for this:
Step-by-Step Guides
ADJUSTMENT OF STATUS (I-485)
Below is a step-by-step procedure explaining how your Adjustment of Status case will be processed. You should read this entire process before beginning any of the Steps. In particular, you may want to review some of the Miscellaneous Issues in the process. Please follow the procedures exactly to insure both efficiency and effectiveness in your case. If you have any questions, please contact the attorney and/or paralegal handling your labor certification or I-140 case.
STEP #1:
Please compile the following documentation for yourself and each family member who will be immigrating with you i.e. spouse and children born abroad. You will note that some of these documents may already be in our files, however, we may have received those earlier copies from a variety of sources and are not always able to determine the chain of custody demanded by the 485 process. Therefore we are requesting that you provide all documents listed below. Please mail it at your earliest convenience to the attorney handling your labor certification and immigrant petition case.
a) A copy of all approval notices received from the USCIS
b) A copy of all I-94 cards (received upon entry into the U.S.); I-20's (issued if you were ever in F-1 status in the U.S.); IAAP's (issued if you were ever in J-1 status in the U.S.)
c) A copy of every page of the passport
d) A copy of your marriage certificate
e) A copy of the divorce decree from any previous marriages of yourself or your spouse
f) A copy of the birth certificate for each family member adjusting status with you
g) A copy of your income tax returns for the past three years
Please Note: If a document is not in English, then you should provide an English Translation.
DOCUMENT TRANSLATION INSTRUCTIONS
TO OBTAIN A COPY OF A BIRTH CERTIFICATE, MARRIAGE CERTIFICATE OR DIVORCE DECREE
ALTERNATE DOCUMENTATION (This is necessary when a Birth Certificate is not available or when the Birth Certificate does not list the name of the child or both names of the parents.)
STEP #2
Complete Form G-325, Biographic Information, on yourself and on behalf of each family member who will be adjusting with you.
Instructions for completion of Form G-325:
-Please print legibly. Our legal staff must be able to read your hand-written G-325.
-Although the USCIS does not require the G-325 for children under the age of 14, our staff needs the information in order to complete other forms.
-In order to access the G-325 form you must have "Adobe Acrobat Reader" software. If necessary, you may first download this free software.
-You do not need to sign the G-325, we will type out new forms for you to sign.
-You do not have a “File Number” or “A Number”. Please leave those fields blank.
FORM G-325
Special Note: You will notice that two copies of this form appear as PDF files. Please only complete one copy of this form for each family member.
After you have completed steps 1 and 2, please mail all to the attorney handling your labor certification or immigrant petition (I-140) case.
STEP#3:
Complete your medical examination. To obtain the name of a CIS doctor in your area you may call 1-800-375-5283.
DISCLAIMER: The medical examination results must be no more than one year old at the time that we file the I-485 Adjustment of Status. Therefore, we recommend that you do not complete the medical examination until your I-485 is ready for filing.
To obtain a medical examination form, go to http://www.uscis.gov/files/form/I-693.pdf
MEDICAL EXAMINATION INSTRUCTIONS
STEP #4:
Obtain the required photographs for your application. Keep in mind that two photographs are needed for the I-485, two for the employment authorization document, and two for the advance parole authorization. If you are not sure whether you need the employment authorization document or the advance parole authorization, please contact the attorney handling your labor certification or immigrant petition.
USCIS Photograph Instructions
MISCELLANEOUS ISSUES IN ADJUSTMENT OF STATUS
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
Adjustment of status is the process whereby a foreign national obtains permanent residence while physically present in the United States. In contrast, consular processing is the procedure for obtaining permanent residence at a United States Consulate outside of the United States. Generally, it is preferable to file your case under the I-485 Adjustment of Status process. If you are interested in having your case filed as a Consular Processing case, please contact the attorney handling your case immediately.
MEMO COMPARING ADJUSTMENT OF STATUS AND CONSULAR PROCESSING
EMPLOYMENT AUTHORIZATION
After a foreign national files the Adjustment of Status application he can continue to work on the basis of his H or L nonimmigrant status assuming that status has not expired. Adjustment of status applicants also have the option of filing for an Employment Authorization Document (EAD) either at the time of filing the I-485 or anytime after obtaining the I-485 Receipt Notice. In essence, the applicant needs either the H or L nonimmigrant status or the Employment Authorization Document but does not need both. However, an adjustment applicant with a valid nonimmigrant status may want to obtain an Employment Authorization Document to allow him to work an additional job.
The spouse and children of the adjustment of status employee may obtain an Employment Authorization Document either at the time of filing the I-485 or anytime after obtaining the I-485 Receipt Notice. As such, the spouse and children can work for any employer.
A foreign national can extend his H or L status even after filing the I-485 application.
TRAVEL DURING THE ADJUSTMENT OF STATUS PROCESS
A person may travel after filing the Adjustment of Status application if s/he holds either of the following:
• A valid H or L visa stamp in the passport, or
• Advance Parole authorization
If a person applies for advance parole (either because he does not have a valid H or L visa or simply because he prefers to have advance parole) then the advance parole authorization will be valid for a one year period and will permit multiple entries into the United States.
OUT OF STATUS / UNLAWFUL PRESENCE
If you have been out of status or unlawfully present at any time, it is imperative that you contact your attorney immediately. To do otherwise may jeopardize your continuing status in the United States and/or may prove to be a bar in traveling or adjusting your status to that of Permanent Resident.
I would like to know if the processing of AOS application is based on first come first processed or is it based on the priority dates ?
Please let me know.
Thanks in advance!
~Anil
or did you ask for this:
Step-by-Step Guides
ADJUSTMENT OF STATUS (I-485)
Below is a step-by-step procedure explaining how your Adjustment of Status case will be processed. You should read this entire process before beginning any of the Steps. In particular, you may want to review some of the Miscellaneous Issues in the process. Please follow the procedures exactly to insure both efficiency and effectiveness in your case. If you have any questions, please contact the attorney and/or paralegal handling your labor certification or I-140 case.
STEP #1:
Please compile the following documentation for yourself and each family member who will be immigrating with you i.e. spouse and children born abroad. You will note that some of these documents may already be in our files, however, we may have received those earlier copies from a variety of sources and are not always able to determine the chain of custody demanded by the 485 process. Therefore we are requesting that you provide all documents listed below. Please mail it at your earliest convenience to the attorney handling your labor certification and immigrant petition case.
a) A copy of all approval notices received from the USCIS
b) A copy of all I-94 cards (received upon entry into the U.S.); I-20's (issued if you were ever in F-1 status in the U.S.); IAAP's (issued if you were ever in J-1 status in the U.S.)
c) A copy of every page of the passport
d) A copy of your marriage certificate
e) A copy of the divorce decree from any previous marriages of yourself or your spouse
f) A copy of the birth certificate for each family member adjusting status with you
g) A copy of your income tax returns for the past three years
Please Note: If a document is not in English, then you should provide an English Translation.
DOCUMENT TRANSLATION INSTRUCTIONS
TO OBTAIN A COPY OF A BIRTH CERTIFICATE, MARRIAGE CERTIFICATE OR DIVORCE DECREE
ALTERNATE DOCUMENTATION (This is necessary when a Birth Certificate is not available or when the Birth Certificate does not list the name of the child or both names of the parents.)
STEP #2
Complete Form G-325, Biographic Information, on yourself and on behalf of each family member who will be adjusting with you.
Instructions for completion of Form G-325:
-Please print legibly. Our legal staff must be able to read your hand-written G-325.
-Although the USCIS does not require the G-325 for children under the age of 14, our staff needs the information in order to complete other forms.
-In order to access the G-325 form you must have "Adobe Acrobat Reader" software. If necessary, you may first download this free software.
-You do not need to sign the G-325, we will type out new forms for you to sign.
-You do not have a “File Number” or “A Number”. Please leave those fields blank.
FORM G-325
Special Note: You will notice that two copies of this form appear as PDF files. Please only complete one copy of this form for each family member.
After you have completed steps 1 and 2, please mail all to the attorney handling your labor certification or immigrant petition (I-140) case.
STEP#3:
Complete your medical examination. To obtain the name of a CIS doctor in your area you may call 1-800-375-5283.
DISCLAIMER: The medical examination results must be no more than one year old at the time that we file the I-485 Adjustment of Status. Therefore, we recommend that you do not complete the medical examination until your I-485 is ready for filing.
To obtain a medical examination form, go to http://www.uscis.gov/files/form/I-693.pdf
MEDICAL EXAMINATION INSTRUCTIONS
STEP #4:
Obtain the required photographs for your application. Keep in mind that two photographs are needed for the I-485, two for the employment authorization document, and two for the advance parole authorization. If you are not sure whether you need the employment authorization document or the advance parole authorization, please contact the attorney handling your labor certification or immigrant petition.
USCIS Photograph Instructions
MISCELLANEOUS ISSUES IN ADJUSTMENT OF STATUS
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
Adjustment of status is the process whereby a foreign national obtains permanent residence while physically present in the United States. In contrast, consular processing is the procedure for obtaining permanent residence at a United States Consulate outside of the United States. Generally, it is preferable to file your case under the I-485 Adjustment of Status process. If you are interested in having your case filed as a Consular Processing case, please contact the attorney handling your case immediately.
MEMO COMPARING ADJUSTMENT OF STATUS AND CONSULAR PROCESSING
EMPLOYMENT AUTHORIZATION
After a foreign national files the Adjustment of Status application he can continue to work on the basis of his H or L nonimmigrant status assuming that status has not expired. Adjustment of status applicants also have the option of filing for an Employment Authorization Document (EAD) either at the time of filing the I-485 or anytime after obtaining the I-485 Receipt Notice. In essence, the applicant needs either the H or L nonimmigrant status or the Employment Authorization Document but does not need both. However, an adjustment applicant with a valid nonimmigrant status may want to obtain an Employment Authorization Document to allow him to work an additional job.
The spouse and children of the adjustment of status employee may obtain an Employment Authorization Document either at the time of filing the I-485 or anytime after obtaining the I-485 Receipt Notice. As such, the spouse and children can work for any employer.
A foreign national can extend his H or L status even after filing the I-485 application.
TRAVEL DURING THE ADJUSTMENT OF STATUS PROCESS
A person may travel after filing the Adjustment of Status application if s/he holds either of the following:
• A valid H or L visa stamp in the passport, or
• Advance Parole authorization
If a person applies for advance parole (either because he does not have a valid H or L visa or simply because he prefers to have advance parole) then the advance parole authorization will be valid for a one year period and will permit multiple entries into the United States.
OUT OF STATUS / UNLAWFUL PRESENCE
If you have been out of status or unlawfully present at any time, it is imperative that you contact your attorney immediately. To do otherwise may jeopardize your continuing status in the United States and/or may prove to be a bar in traveling or adjusting your status to that of Permanent Resident.
I would like to know if the processing of AOS application is based on first come first processed or is it based on the priority dates ?
Please let me know.
Thanks in advance!
~Anil
more...
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chantu
09-15 06:37 PM
I may travel to India in Oct on AP for first time. I am working on EAD and changed employer with AC21. I will use AP at POE.
1) Do I have to get any transit visa if I go through European countries?
2) Will there be any problem at POE? Any recent experiences?
3) Do I have to go to consulate in India?
Thanks in advance!
1) Do I have to get any transit visa if I go through European countries?
2) Will there be any problem at POE? Any recent experiences?
3) Do I have to go to consulate in India?
Thanks in advance!
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goel_ar
05-01 09:29 AM
I just got my Labor approved (PD - 2/22/2008) . Attorneys are working on filing I-140.
1. Shall I wait for I-140 PP to re-instate or go ahead with normal processing?
2. Is there 'ANY' chance that my PD will be current before I get I-140 approval when filed through normal processing?
Thanks,
Ag
1. Shall I wait for I-140 PP to re-instate or go ahead with normal processing?
2. Is there 'ANY' chance that my PD will be current before I get I-140 approval when filed through normal processing?
Thanks,
Ag
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acecupid
07-23 09:24 AM
Need some help here answering a question in form I-539 Part 4, Section 3, Item a, b and c as follows:
Answer the following questions. If you answer "Yes" to any question, describe the circumstances in detail and explain on a separate sheet of paper.
Are you, or any other person included on the application, an applicant for an immigrant visa?
Has an immigrant petition ever been filed for you or for any other person included in this application?
Has Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any person included in this application?
I am confused regarding the answers and would really appreciate any help answering them. Please review below staus for family and I and advise. Your reasons supporting the answer would be extremely helpful and much appreciated.
Here's my status:
-Working in US since 2004 on a H1B so this is my 7th year extension.
-This would be the second instance of filing the extension working with the same company -I switched my H1B to back in 2006.
-I-140 was filed in March 2007 and approved in October the same year.
-I-485 for family and I was filed in July/August wave in 2007.
-LCA was filed last week and H1B renewal and extension of stay petition is expected to be filed next week. I have only 2 1/2 months remaining. Should that be a worry?
I had been using an attorney for all my previous filings for any kind of case but don't want to go back to him any more because of the quality of service, or lack thereof, I have been receiving from him lately. Not to mention the fee he has quoted is 50% more than last time. Even my office finds the amount to be very outrageous therefore they have decided to help me out and file the case themselves.
The questions which you posted at very straight forward. What is your confusion ? Has anyone applied a petition for your family with an immigrant intent ?
Answer the following questions. If you answer "Yes" to any question, describe the circumstances in detail and explain on a separate sheet of paper.
Are you, or any other person included on the application, an applicant for an immigrant visa?
Has an immigrant petition ever been filed for you or for any other person included in this application?
Has Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any person included in this application?
I am confused regarding the answers and would really appreciate any help answering them. Please review below staus for family and I and advise. Your reasons supporting the answer would be extremely helpful and much appreciated.
Here's my status:
-Working in US since 2004 on a H1B so this is my 7th year extension.
-This would be the second instance of filing the extension working with the same company -I switched my H1B to back in 2006.
-I-140 was filed in March 2007 and approved in October the same year.
-I-485 for family and I was filed in July/August wave in 2007.
-LCA was filed last week and H1B renewal and extension of stay petition is expected to be filed next week. I have only 2 1/2 months remaining. Should that be a worry?
I had been using an attorney for all my previous filings for any kind of case but don't want to go back to him any more because of the quality of service, or lack thereof, I have been receiving from him lately. Not to mention the fee he has quoted is 50% more than last time. Even my office finds the amount to be very outrageous therefore they have decided to help me out and file the case themselves.
The questions which you posted at very straight forward. What is your confusion ? Has anyone applied a petition for your family with an immigrant intent ?
USDream2Dust
03-17 12:39 PM
As long as you have money and Good Credit, you should get Mortgage. I did it on EAD last year and they did came back and ask for H1B. Fortunately me and my wife both had valid H1bs and they approved the loan. I guess the problem stems from the fact that very few loan officers understand immigration.
But I can assure you if you fight with them you can get it. I didn't had H1b visa stamp in my passport and I gave them I94 and it worked after making them understand. They cannot discriminate against you because you are an immigrant.(even though they do on back end without us knowing :()
Also make sure that loan payments are not more than 42% of both of your Total Gross Salaries. They may deny your loan in that case.
Loans are getting harder to get day by day even with Good Credit.
Good Luck
USDream2Dust
But I can assure you if you fight with them you can get it. I didn't had H1b visa stamp in my passport and I gave them I94 and it worked after making them understand. They cannot discriminate against you because you are an immigrant.(even though they do on back end without us knowing :()
Also make sure that loan payments are not more than 42% of both of your Total Gross Salaries. They may deny your loan in that case.
Loans are getting harder to get day by day even with Good Credit.
Good Luck
USDream2Dust
Blog Feeds
02-10 08:50 PM
Most lawyers that are versed in the H1B visa process, are getting busier and busier these days. As we are nearing the April 1, 2010 filing deadline for the H1B visa. Many speculations out there as to when will the Cap be reached this year. The economy is still in recovery mode, and employers are careful before hiring. Yet, many Immigration experts feel the Cap will be met early this year, but when is the big question.
With drastic changes to the Labor Condition Application (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)process (now taking more than 7 days to process), as well as unreasonable denials (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html), planning early is the key to a successful H1B case this year. But in this post, I want to go back to the basics, the Cap and the legislative background.
Background
On October 21, 1998 Congress passed, and the President signed into law, the much debated American Competitiveness and Workforce Improvement Act of 1998, Pub. L. No. 105-277 (hereinafter ACWIA). This legislation was first introduced by Senator Spencer Abraham (R-MI), the Chairman of the Senate Subcommittee on Immigration, in response to the inadequate numbers of H-1B visas available in any fiscal year. As part of the Immigration Act of 1990, Congress imposed a 65,000 per year cap on these visas. In 1997, the cap was reached prior to the end of the fiscal year. The situation grew to crisis proportions in fiscal year 1998 when all 65,000 visas numbers were taken in May of 1998.
In early March 1998, Senator Abraham introduced a bill entitled, "The American Competitiveness Act." The legislation was introduced on the heels of numerous reports and hearings concerning the high tech worker shortage in the United States. The primary goal of the legislation was to address the looming exhaustion of the H-1B professional or specialty occupation worker visa numbers. (http://www.h1b.biz/lawyer-attorney-1137085.html)
The ACWIA went through many different stages before an agreement could be reached. A complete elimination of the cap had originally been proposed by Senator Abraham. The legislation was then modified to increase the number of H-1B visa numbers available during the government fiscal year; provide additional funds for scholarships in the computer science and mathematics areas; increase enforcement of the Department of Labor component of the H-1B visa process; and provide clarification on the prevailing wage requirements of the process. The legislation also addressed permanent residence by providing for an extension of the H-1B visa should a permanent residence petition be pending, and through restructuring the allocation of the employment-based immigrant visa numbers.
This legislative game between conservative isolationists/liberal protectors of the U.S. workforce and moderate Democrats and Republicans supporting business needs and demands, caused chaos among U.S.-based businesses in need of skilled professional workers. From May 11, 1998 until October 1, 1998 U.S. businesses, research institutions and other organizations were unable to recruit foreign workers as temporary professionals. With the U.S. economy still booming and unemployment rates remaining at an all-time low, businesses, especially in the high tech sector, encountered many problems as a result of the cut-off in H-1B visa availability. These problems included, but were not limited to, taking employees off the U.S. payroll, sending employees back to their home country or to sites outside the U.S. as well as the termination of some critical development projects.
Requirements in the Statute
The ACWIA purportedly balances the need for increased professional visas numbers for foreign workers and the desire to protect the U.S. workforce. The following is a summary of the significant changes made by the legislation.
A. Temporary Increase in the Number of Professional Visas Available
There will be an increase from 65,000 to 115,000 visas for fiscal year 1999 and 2000 (through September 30, 2000). In fiscal year 2001, 107,500 visas will be available. Beginning October 1, 2001 the numbers will revert back to 65,000.
B. Electronic Postings
LCA notices may be posted electronically in situations without a bargaining representative. This provision was effective upon date of enactment.
C. Attestations Required for Employers Dependent Upon Foreign Professionals
U.S. employers of 51 or more employees, whose workforce is comprised of 15% or more foreign nationals in the H-1B category are considered dependent employers and must make certain attestations. Employers will also be considered dependent if they employ 26- 50 full time employees and have more than 12 H-1B employees or if they employ 7 -25 employees and have more than 7 H-1B employees.
The dependent employer must attest that it has not and will not displace a U.S. worker within 90 days before and 90 days after filing the visa application. This attestation carries through to employers who place employees at another worksite. The H-1B dependent employer must also attest that it has taken good faith steps to recruit U.S. workers using industry wide standards and has offered the position to any U.S. worker who is equally or better qualified for the job the foreign worker is sought.
H-1B employees with a Master�s degree or a salary of $60,000 or higher are not included in the attestation requirements and for the first 6 months following the implementation will not be included in the dependent employer calculation.
D. Increased Enforcement and Penalties for Violations
The Department of Labor may fine employers between $1,000-$35,000 per violation and preclude participation in the H-1B program for up to three years.
E. Back Benching H-1B Employees
Employers must pay H-1B nonimmigrants the wage stated on the H-1B petition even if the beneficiary is in nonproductive status. This does not apply to non-productive time due to non work related factors.
F. Benefits
Employers must offer foreign workers benefits and eligibility for insurance, disability, retirement and savings plans, stock options, etc., on the same basis as offerings made to U.S. workers.
G. Additional Fee for Use of H-1B Program
Beginning December 1, 1998, employers are required to pay an additional fee of $500 for an initial H-1B petition and for the first extension. These fees are to be used to support job training programs and scholarships for U.S. workers.
H. Prevailing Wage Computations
For institutions of higher education, related or affiliated non-profit entities or non profit or governmental research organizations, the prevailing wage shall take into account employees at such institutions in the area of employment.
I. Academic Honoraria
Payments of honoraria may now be made to B-1 and B-2 visitors for usual academic activity lasting 9 days at an academic institution or affiliated non-profit entity or a non-profit governmental research organization. No more than 5 honorarium may be received within a six month period.
Employers based in the U.S. now have a temporary reprieve when hiring foreign professionals. However, it is uncertain whether the 65,000 visas for this fiscal year will be adequate to meet the demand for this year and next. Some government officials estimate that visas will be unavailable as early as the beginning of May 2010. In addition, it is still unclear what is on the legislative horizon, reform or not. Pro Immigrants want to come with a proposal to reform legal immigration. U.S. employers employing foreign nationals in any capacity would be well advised to carefully monitor future legislative and regulatory proposals on the horizon. All I can say is that if you plan on hiring a foreign worker, you better call your lawyer now!!!
More... (http://www.visalawyerblog.com/2010/02/h1b_visa_lawyer_the_filing_sea.html)
With drastic changes to the Labor Condition Application (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)process (now taking more than 7 days to process), as well as unreasonable denials (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html), planning early is the key to a successful H1B case this year. But in this post, I want to go back to the basics, the Cap and the legislative background.
Background
On October 21, 1998 Congress passed, and the President signed into law, the much debated American Competitiveness and Workforce Improvement Act of 1998, Pub. L. No. 105-277 (hereinafter ACWIA). This legislation was first introduced by Senator Spencer Abraham (R-MI), the Chairman of the Senate Subcommittee on Immigration, in response to the inadequate numbers of H-1B visas available in any fiscal year. As part of the Immigration Act of 1990, Congress imposed a 65,000 per year cap on these visas. In 1997, the cap was reached prior to the end of the fiscal year. The situation grew to crisis proportions in fiscal year 1998 when all 65,000 visas numbers were taken in May of 1998.
In early March 1998, Senator Abraham introduced a bill entitled, "The American Competitiveness Act." The legislation was introduced on the heels of numerous reports and hearings concerning the high tech worker shortage in the United States. The primary goal of the legislation was to address the looming exhaustion of the H-1B professional or specialty occupation worker visa numbers. (http://www.h1b.biz/lawyer-attorney-1137085.html)
The ACWIA went through many different stages before an agreement could be reached. A complete elimination of the cap had originally been proposed by Senator Abraham. The legislation was then modified to increase the number of H-1B visa numbers available during the government fiscal year; provide additional funds for scholarships in the computer science and mathematics areas; increase enforcement of the Department of Labor component of the H-1B visa process; and provide clarification on the prevailing wage requirements of the process. The legislation also addressed permanent residence by providing for an extension of the H-1B visa should a permanent residence petition be pending, and through restructuring the allocation of the employment-based immigrant visa numbers.
This legislative game between conservative isolationists/liberal protectors of the U.S. workforce and moderate Democrats and Republicans supporting business needs and demands, caused chaos among U.S.-based businesses in need of skilled professional workers. From May 11, 1998 until October 1, 1998 U.S. businesses, research institutions and other organizations were unable to recruit foreign workers as temporary professionals. With the U.S. economy still booming and unemployment rates remaining at an all-time low, businesses, especially in the high tech sector, encountered many problems as a result of the cut-off in H-1B visa availability. These problems included, but were not limited to, taking employees off the U.S. payroll, sending employees back to their home country or to sites outside the U.S. as well as the termination of some critical development projects.
Requirements in the Statute
The ACWIA purportedly balances the need for increased professional visas numbers for foreign workers and the desire to protect the U.S. workforce. The following is a summary of the significant changes made by the legislation.
A. Temporary Increase in the Number of Professional Visas Available
There will be an increase from 65,000 to 115,000 visas for fiscal year 1999 and 2000 (through September 30, 2000). In fiscal year 2001, 107,500 visas will be available. Beginning October 1, 2001 the numbers will revert back to 65,000.
B. Electronic Postings
LCA notices may be posted electronically in situations without a bargaining representative. This provision was effective upon date of enactment.
C. Attestations Required for Employers Dependent Upon Foreign Professionals
U.S. employers of 51 or more employees, whose workforce is comprised of 15% or more foreign nationals in the H-1B category are considered dependent employers and must make certain attestations. Employers will also be considered dependent if they employ 26- 50 full time employees and have more than 12 H-1B employees or if they employ 7 -25 employees and have more than 7 H-1B employees.
The dependent employer must attest that it has not and will not displace a U.S. worker within 90 days before and 90 days after filing the visa application. This attestation carries through to employers who place employees at another worksite. The H-1B dependent employer must also attest that it has taken good faith steps to recruit U.S. workers using industry wide standards and has offered the position to any U.S. worker who is equally or better qualified for the job the foreign worker is sought.
H-1B employees with a Master�s degree or a salary of $60,000 or higher are not included in the attestation requirements and for the first 6 months following the implementation will not be included in the dependent employer calculation.
D. Increased Enforcement and Penalties for Violations
The Department of Labor may fine employers between $1,000-$35,000 per violation and preclude participation in the H-1B program for up to three years.
E. Back Benching H-1B Employees
Employers must pay H-1B nonimmigrants the wage stated on the H-1B petition even if the beneficiary is in nonproductive status. This does not apply to non-productive time due to non work related factors.
F. Benefits
Employers must offer foreign workers benefits and eligibility for insurance, disability, retirement and savings plans, stock options, etc., on the same basis as offerings made to U.S. workers.
G. Additional Fee for Use of H-1B Program
Beginning December 1, 1998, employers are required to pay an additional fee of $500 for an initial H-1B petition and for the first extension. These fees are to be used to support job training programs and scholarships for U.S. workers.
H. Prevailing Wage Computations
For institutions of higher education, related or affiliated non-profit entities or non profit or governmental research organizations, the prevailing wage shall take into account employees at such institutions in the area of employment.
I. Academic Honoraria
Payments of honoraria may now be made to B-1 and B-2 visitors for usual academic activity lasting 9 days at an academic institution or affiliated non-profit entity or a non-profit governmental research organization. No more than 5 honorarium may be received within a six month period.
Employers based in the U.S. now have a temporary reprieve when hiring foreign professionals. However, it is uncertain whether the 65,000 visas for this fiscal year will be adequate to meet the demand for this year and next. Some government officials estimate that visas will be unavailable as early as the beginning of May 2010. In addition, it is still unclear what is on the legislative horizon, reform or not. Pro Immigrants want to come with a proposal to reform legal immigration. U.S. employers employing foreign nationals in any capacity would be well advised to carefully monitor future legislative and regulatory proposals on the horizon. All I can say is that if you plan on hiring a foreign worker, you better call your lawyer now!!!
More... (http://www.visalawyerblog.com/2010/02/h1b_visa_lawyer_the_filing_sea.html)
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