As the traditional holidays are behind us, you may find yourself anxiously awaiting the upcoming H-1B season. H-1B visas provide a way for foreign nationals to live and work in the United States, for a temporary period, in a specialty occupation. Even in the current job market, these visas remain in high demand. This demand makes proper filing of an H-1B petition all the more important.
The term “H-1B filing season” stems from the limited supply of the visas vs. the overwhelming demand. The current cap on the number of H-1B visas that may be awarded each year is 65,000. Some visas are set aside from this allowance for treaties involving Chile and Singapore, bringing the total of available visas to 58,200. The first day that H-1B petitions are considered each year is April 1st, which marks the beginning of the … Read More »
U.S. Citizenship and Immigration Services (USCIS) announced on March 8, 2010 that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked.
The fiscal year cap (numerical limitation on H-1B petitions) for FY 2011 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master’s degree or higher are exempt from the H-1B cap.
USCIS will monitor the number of petitions received and will notify the public of the date on which USCIS received the necessary number of petitions to meet the H-1B cap. If needed, USCIS will randomly select the number of petitions required to reach … Read More »
U.S. Citizenship and Immigration Services (USCIS) has provided detailed information regarding the Employ American Workers Act (EAWA) and H1-B petitions.
On Feb. 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act (commonly known as the “stimulus bill”). The stimulus bill contained the Employ American Workers Act (“EAWA”).
EAWA took effect on February 17, 2009 and will expire on February 17, 2011. EAWA prevents a company from displacing U.S. workers when hiring H-1B specialty occupation workers if the company received funds through the Troubled Asset Relief Program (TARP), or under section 13 of the Federal Reserve Act (collectively referred to as “covered funding”).
EAWA affects the current Labor Condition Application (LCA) process administered by Department of Labor (DOL) and the USCIS petition process for companies seeking H-1B workers. Companies subject to EAWA will now need to make new statements regarding … Read More »