H1bSalary.com
| H1bSalary.com
|
|
Who is qualified for H1B?
A foreigner could obtain a H1B visa when the education requirement was met and a job offer from an U.S. employer. The employer has to file a petition for this foreign worker with the United States Citizenship Immigration Service (USCIS)
Prior to filing the H-1B petition with the USCIS, an employer must file a labor condition
application ("LCA") with the Department of
Labor. Employers affirm in the labor condition
application that the wage offered to the
applicant is at least as high as that paid by
the employer for the same type of job, and the
number equals or exceeds the prevailing wage
for the job in the same geographical area; that
working conditions will not adversely affect
those workers similarly employed; that there is
no strike or lockout at the employer's
premises; and that the notice of the LCA has
been given to current employees.
Among other things, the LCA must be filed where the
work will actually be performed. Therefore, if the
alien is to be hired by a company located in one
place but will actually be doing the work in another
facility or company, the LCA should be filed in the
second jurisdiction. If the alien works in more than
one location, both locations should be listed. If the
employee is employed sequentially in various
employment locations, the LCA should be submitted to
the DOL office having jurisdiction over the initial
place of employment. While filing LCA, the employer should
give company background, number of employees, income, job description
and duties of the applicant as also terms of employment.
Computer Professionals typically work at client sites through an agreement between the petitioner (employer) and its customer. An employer who seeks the services of an H-1B worker at more than one location must provide an itinerary. In certain circumstances, the USCIS (United States Citizenship and Immigration Service) requires presentation of "third party contracts" between the petitioner and the petitioner's customer (at whose site the H-1B employee will work), allegedly to determine whether employment is "speculative." The employer will be required to pay 100% of the prevailing wage. An H-1B certification is valid for the period of employment indicated on the Labor Condition Application (LCA), specifically the Form ETA 9035, for up to three years. (H1B visas under the Chile / Singapore programs are generally granted only in 1 year increments. ) The employer should not allow the nonimmigrant worker to begin work until USCIS grants the worker authorization to work in the U.S. for that employer or, in the case of a nonimmigrant who is already in H-1B status and is changing employment, to another H-1B employer until the new employer files a petition supported by a certified LCA. The employer should maintain documentation to meet its burden of proof with respect to the validity of the statements made in its LCA and the accuracy of information provided, in the event that such statement or information is challenged. The employer should also maintain such documentation at its principal place of business in the U.S. and should make such documentation available to DOL for inspection and copying upon request. USCIS will review the petition and send an approval notice if it is satisfied that all conditions for an H-1B worker are met. DOL may initiate an investigation of any employer where DOL has reasonable cause to believe that the employer has violated the terms of the H-1B visa. This is an expansion of DOL's investigative authority, which previously required either a complaint to be filed, or that the employer have been previously sanctioned in order for DOL to initiate an investigation. The law also provides DOL with the authority to excuse certain technical violations by employers if a good faith effort is made to comply with the regulations. DOL can give employers 10 days to correct technical violations. Good faith does not apply if there is a pattern or practice of willful violations of the regulations. What is H1B Visa? The H-1B is a non-immigrant visa category in the United States under the Immigration & Nationality Act, section 101(a)(15)(H). It allows U.S. employers to seek temporary help from skilled foreigners who have the equivalent U.S. Bachelor's Degree education. H-1B employees are employed temporarily in a job category that is considered by the U.S. Citizenship & Immigration Services to be a "specialty occupation". A specialty occupation is one that requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor?s degree or its equivalent. H1b Premium processing application H1B Premium Processing Service provides H1B applicants with the opportunity to obtain faster processing of a petition to meet their needs for a foreign worker. Specifically, the USCIS will provide 15-calendar day processing to those who choose to use this service, or the USCIS will refund the Premium Processing fee and the relating case will continue to receive expeditious service. The processing period that will be used to determine whether or not the USCIS meets the 15-day period will begin when: ~ the Form I-907 is delivered to the BCIS (at the appropriate address) ~ and will end upon the BCIS mailing of a notice. The notice may be a notice of approval, request for evidence, intent to deny or notice of investigation for fraud or misrepresentation. If the notice requires the submission of additional evidence or of a response to an intent to deny, a new 15-day period will begin upon the delivery to the BCIS of a complete response to the request for evidence or notice of intent to deny. The EXTRA fee for this service is $1000. The H1B Premium Processing fee may not be waived. In addition to the Premium Processing fee, all filing fees relating to the BCIS Form I-129 must also be submitted. The Premium Processing fee must be submitted in a separate check or money order. Steps To File a Request for Premium Processing: Complete and sign Form I-907 , Request for Premium Processing Service. Attach a separate remittance of $1000. The I-907 may be forwarded to the Service Centerwhere your I-129 petition is already pending OR you may file the I-907 and I-129 together at the Service Center designated as the appropriate filing location. In both situations the unique address shown on the Form I-907 should be used for proper delivery to the Service CenterŐs "Premium Processing Service unit". |
|
|||||||
