October 01, 2010 (Press-News.org) America's H-1B Visa allows qualified foreign workers temporary entry into the United States for the purpose of undertaking employment. The H-1B Visa also entitles a worker's spouse and children to live in America, and is one of the most sought after non-immigrant visas. However, this visa only applies to foreign workers who meet certain criteria, and unlike many other visa programs, an American employer must petition United States Citizenship and Immigration Services ("USCIS") on behalf of a prospective foreign employee.
Despite the complications involved in an H-1B Visa application, it is generally quicker than applying for a U.S. green card and remains one of the most popular ways to bring staff into the United States for long term assignments and during which time, green card applications can process. New fee hikes, however, have some companies questioning the efficacy of the H-1B program.
Details of the H-1B Visa Program
In order to obtain an H-1B Visa, a foreign worker must be employed in a specialty occupation (an occupation which requires a degree or experience equivalent to a U.S. Bachelors degree). Generally, to qualify as a specialized employee, a foreign worker must hold an American bachelor's degree (or the foreign equivalent) or higher as required by the occupation. However, even workers without a bachelor's degree can qualify for an H-1B Visa if they have the education, specialized training, and/or experience equivalent to a bachelor's degree and have relevant work experience directly related to the specialty occupation.
Employers, rather than the employees themselves, must petition USCIS for entry of employees under H-1B Visas. As part of the application, the employer must file a labor condition application with the Department of Labor. A labor condition application shows that the employer is informed of the prevailing wage for the position and will pay the employee accordingly. This ensures that the foreign employee is being paid a fair wage, and protects U.S. jobs by requiring employers to pay the going rate for similar work. H-1B applications take some time to process, and U.S. employers may start applying for H-1B visas six months before the actual start date of the visa.
Normally, an H-1B Visa is issued for up to three years. Under certain conditions, it may be extended for up to six years. Those entering on an H-1B Visa who wish to remain in the U.S. for more than six years must apply for permanent residence (the 'green card'); if permanent resident status is denied, when the six year period runs out the employee must live outside the U.S. for at least a year before an application is made for them to enter again on an H or an L visa.
There is a numerical limit on the number of H-1B visas issued annually: 65,000 plus an additional 20, 000 for holders of U.S. advanced degrees. This is calculated each year, beginning October 1st. It is critical to monitor the quota availability as it is often exhausted during the fiscal year.
Furthermore, ensuring a worker meets the qualification criteria can be difficult. For example, in some cases, the government must grant credit for the required training and/or experience, which means it is up to the employer and employee to convince a decision-maker that foreign credentials translate into a qualifying specialty occupation. Given the often challenging process of obtaining an H-1B Visa, it is highly recommended to work with an experienced immigration attorney.
The Future of H-1B Visas
President Obama recently signed into law a fee hike on certain visas that has caused an uproar among foreign technology companies with over half of their employees in the U.S. on H-1B or L1 visas. Many Indian firms will be hit heavy by the increased fees, and the Indian Commerce Minister called the fee hike an "economic barrier" that will impede both Indian and global growth. India has come out strongly against the legislation, calling it a violation of World Trade Organization regulations, and Indian diplomats are giving the visa fee hike a high place on their agenda.
Despite qualms about the new costs associated with H-1B applications, the H-1B Visa is likely to remain a popular option for foreign workers entering the U.S. However, much stands to be resolved between the United States and foreign critics of the fee hikes. For those employers and employees seeking entry with an H-1B Visa, information on new developments will be highly relevant. The assistance of an immigration attorney may be the best way to keep up with the evolving H-1B Visa program.
Article provided by Teplen & Associates, PLLC
Visit us at www.teplenlaw.com
The H-1B Visa and Its Impact on Foreign Relations
America's H-1B Visa allows qualified foreign workers temporary entry into the United States for the purpose of undertaking employment.
2010-10-01
ELSE PRESS RELEASES FROM THIS DATE:
Burn Injuries: The Tragic Aftermath of Fires in the Home
2010-10-01
On the morning of September 7, the Colorado Springs Fire Department responded to a house fire on Annanhill Place road. When firefighters arrived at the scene, they discovered that the homeowner, Nam Nyugen, had jumped from a second story window to escape his burning home. Nyugen suffered horrific injuries from the fire, as agonizing burns covered more than 50 percent of his body.
The cause of the Colorado Springs fire is still under investigation, but reports from Nyugen's wife make it sound like the fire began in the upstairs bedroom. She told reporters that she heard ...
The Gray Divorce: Baby Boomers Are Ending Marriages Later in Life
2010-10-01
News this summer that the 40-year marriage of Al and Tipper Gore is coming to an end underscores a recent trend in American matrimony: couples who have made it through decades of family rearing and career building are parting ways in unprecedented numbers. American baby boomers are splitting up at three times the rate of their Greatest Generation parents. And statistics reveal that women in this demographic are far more motivated to dissolve their unions than their husbands.
A recent survey of divorce professionals in the United States and Canada conducted by the Association ...
Can the Chicken Safely Cross the Road? Confusion Over Crosswalks
2010-10-01
The National Highway Traffic Safety Administration (NHTSA) reports that, on average, a pedestrian is injured in a traffic crash every eight minutes. In addition, studies show that there is confusion among pedestrians and drivers when determining who has the right of way at intersections. This confusion, along with other problems, likely contributes to the high number of pedestrian injuries and deaths from auto accidents.
Pedestrian and Driver Confusion About the Right of Way
According to a Transportation Research Board study, less than half of the drivers and pedestrians ...
Successful Business Succession: Preserving and Passing on Wealth
2010-10-01
The day-to-day fight for survival often consumes much of a small business owner's time and energy. Little is left over for thoughts of retirement and plans for passing the business on to another. However, a sound business succession plan is crucial to preserving a business owner's life's work and wealth.
Every day brings a business owner closer to the time when they hand over the business to an heir, spouse, partner, or other person or entity. As with almost all successful business ventures, planning is key to proper execution of succession.
First Step
The first ...
Preventing Sleep-Deprived Driving for Commercial Truck Drivers
2010-10-01
Howard Fields, a 60-year-old truck driver, was on a trip that took him through Atlanta on Interstate 75. In the early hours of the morning, his truck slammed into another tractor-trailer. The incident ended Fields' 21-year trucking career and cost his company half a million dollars. An investigation of the crash revealed that Fields had been asleep for almost five miles before the crash occurred.
Sleep deprivation is to blame for almost 100,000 motor vehicle accidents and 1,550 fatalities per year in the United States, according to the National Highway Traffic Safety ...
Bicycle Accidents and Florida's No-Fault Insurance Law
2010-10-01
On an early September afternoon, eight-year-old Elian Rojas was riding his bike home from school with his father when he was struck by a delivery truck at the corner of 13th Road and Jog Road in Greenacres, Florida. When paramedics arrived at the scene, it was already too late; Rojas was pronounced dead.
The delivery truck, owned by RecoverCare, just finished making a delivery at the nearby Woodlake Nursing and Rehab Center before the fatal accident occurred.
Neighbors who live near the corner where Rojas was killed told reporters that the corner is known for having ...
Mediation Now Mandatory in Connecticut Med Mal Cases
2010-10-01
A new Connecticut law went into affect July 1st that requires parties in a medical malpractice action to attend at least one session of mandatory mediation before moving forward with the lawsuit. The mandatory mediation requirement was included in a broader patients' rights bill (SB 248) signed by Governor M. Jodi Rell.
The New Bill
Under the new law, the presiding judge is required to refer medical malpractice cases to a 120-day period of mediation, or another form of alternative dispute resolution (ADR) of the parties' choosing. The mediation must be completed ...
Warriors and Warbirds Air Show Hotel in Monroe NC Offers Nearby Lodging for the Event
2010-10-01
Super 8 Monroe North Carolina Hotel offers convenient and affordable accommodations to visitors coming into town to attend the Warriors and Warbirds Air Show. The popular event will be held the weekend of November 6-7, 2010 at the Charlotte-Monroe Executive Airport. The gates open at 9:00am and the flying begins at 12:30pm.
The airport is only 10 minutes from this Monroe North Carolina Hotel. Monroe is a southeastern suburb of Charlotte and is near the South Carolina border.
The Warriors and Warbirds Air Show is one of the largest aviation events in the area. Several ...
Leading Perimeter Hotel Announces Great Rates for Government Employees
2010-10-01
Sheraton Atlanta Perimeter Hotel North, located near Dunwoody, GA, announces a new special savings package for government employees to enjoy. Guests with a valid Government ID are eligible to receive special treatments and great rates. The savings special includes:
- Rates from $129 a night
- Breakfast for two
- High-speed Internet access
- Complimentary shuttle service within a five mile radius of our Perimeter Mall hotel
"Conveniently situated only 15 miles north of downtown Atlanta and easily accessible from all major Georgia highways, the Sheraton Atlanta Perimeter ...
Newberry College Hotel Offers Convenient Accommodations to Alumni and Guests Attending Homecoming Weekend
2010-10-01
The Holiday Inn Express & Suites Newberry SC Hotel offers convenient lodging Newberry College alumni and guests attending the 2010 Homecoming celebration the weekend of Saturday, October 2, 2010. The Alumni Association at Newberry College is sponsoring a variety of events during Homecoming weekend. Scheduled events include:
- The Lawn Party at the Dufford Alumni House, $5 per person
- 5K Run/Walk, Saturday
- Family Picnic
- Annual Homecoming Parade
- Newberry vs. Lenoir-Rhyne football game at Setzler Field, tickets are $20
- Homecoming Beach Blast at the Newberry ...
LAST 30 PRESS RELEASES:
Community partners key to success of vaccine clinic focused on neurodevelopmental conditions
Low-carbon collaborative dual-layer optimization for energy station considering joint electricity and heat demand response
McMaster University researchers uncover potential treatment for rare genetic disorders
The return of protectionism: The impact of the Sino-US trade war
UTokyo and NARO develop new vertical seed distribution trait for soybean breeding
Research into UK’s use of plastic packaging finds households ‘wishcycle’ rather than recycle – risking vast contamination
Vaccine shows promise against aggressive breast cancer
Adverse events affect over 1 in 3 surgery patients, US study finds
Outsourcing adult social care has contributed to England’s care crisis, argue experts
The Lancet: Over 800 million adults living with diabetes, more than half not receiving treatment, global study suggests
New therapeutic approach for severe COVID-19: faster recovery and reduction in mortality
Plugged wells and reduced injection lower induced earthquake rates in Oklahoma
Yin selected as a 2024 American Society of Agronomy Fellow
Long Covid could cost the economy billions every year
Bluetooth technology unlocks urban animal secrets
This nifty AI tool helps neurosurgeons find sneaky cancer cells
Treatment advances, predictive biomarkers stand to improve bladder cancer care
NYC's ride-hailing fee failed to ease Manhattan traffic, new NYU Tandon study reveals
Meteorite contains evidence of liquid water on Mars 742 million years ago
Self-reported screening helped reduce distressing symptoms for pediatric patients with cancer
Which risk factors are linked to having a severe stroke?
Opening borders for workers: Abe’s profound influence on Japan’s immigration regime
How skills from hospitality and tourism can propel careers beyond the industry
Research shows managers of firms handling recalls should review media scrutiny before deciding whether to lobby
New model system for the development of potential active substances used in condensate modifying drugs
How to reduce social media stress by leaning in instead of logging off
Pioneering research shows sea life will struggle to survive future global warming
In 10 seconds, an AI model detects cancerous brain tumor often missed during surgery
Burden of RSV–associated hospitalizations in US adults, October 2016 to September 2023
Repurposing semaglutide and liraglutide for alcohol use disorder
[Press-News.org] The H-1B Visa and Its Impact on Foreign RelationsAmerica's H-1B Visa allows qualified foreign workers temporary entry into the United States for the purpose of undertaking employment.