H-1B Visa Season for Filing Begins
April 1, 2011
H-1B’s are temporary work status for persons filling jobs requiring a minimum of a bachelor’s degree. They can be renewed for up to 6 years and longer when a Perm is also filed according to certain requirements. The petitioning employer must pay the employee the prevailing wage for that state and job description. Read more about H-1B visas here.
In prior years, the H-1B’s were gone in one day. Last year they were gone by January 2011. This year it looks like employers will need to be ready to file on April 1 the H-1B’s that will allow the employees to start work on OCTOBER 1, 2011 as numbers may quickly be used up for the year.
Under the icert Portal System LCA’s are taking at least 7 days to get approved, so it is advisable to file the LCA 3-4 weeks in advance, which means NOW.
There are two numerical caps for H-1B:
1.) General cap of 65,000
2.) Master’s cap of 20,000 for those with a higher degree for US University. To be eligible for this category, you would need to be employed by a US company in a professional position that relates to your Bachelor’s degree. If you do not have a bachelor’s degree you may still qualify if you have sufficient professional work experience in the area.
On January 8, 2011, the employer-employee relationship CIS memo for adjudications of “Third-Party Site Placements” makes it more difficult for staffing firms who hire professionals to work at third-part worksites to obtain H-1B status for the employee. The memo states that these companies must demonstrate “control” over the employee’s work. The purpose is to avoid beneficiaries rather than the petitioning company from controlling the work.
Cap exempt petitions include the following:
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Extensions of stay
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Change of employers (except for cap-exempt to cap-subject job
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Persons working at non-profit research institutions
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Persons working at governmental research institutions
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Certain physicians who have J waivers
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Persons working at universities or university related or affiliated jobs
Concurrent employment where the worker’s first job is for cap-exempt employer
CHILE and SINGAPORE nationals, due to the Free Trade Agreement between the US and their country, only use less than 1000 numbers each year. However, they get the first chance at 6,800 H-I-B1 visa numbers.
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