On April 1, 2010 The United States Citizenship and Immigration Service (USCIS) will accept new H-1B visa applications for Fiscal Year 2011 (for work which starts on October 1, 2010). Now is the time to review your files to see whether you are in need of any H-1B visas for your workers.
You should be on the lookout for any interns from colleges working for you or anyone else who has a J-1, E-1, E-2 or O-1, to H-1B visa. Be aware that the paperwork to file H-1B visa preparation is more lengthy than ever. This is because the Department of Labor is requiring a Federal Tax ID verification process.
What is an H-1B visa?
H-1B visas are granted by the immigration service (USCIS) to foreign nationals that are individuals who are offered a position in a specialty occupation.
What is a Specialty Occupation?
A specialized occupation is one in which require a high level of specialized knowledge. The Immigration Service generally mandates that the job offered to would required at least the equivalent of a 4-year US Bachelor’s degree.
Employer Requirements:
- The job offer must be in a specialty occupation
- The job offered for the visa must meet Department of Labor criteria for wages
- The company, not the employee submits the immigration visa application
- No US Citizen is available for the job
Advertising Requirements:
- The employer is required to advertise the position offered in the United States before petitioning to employ H-1B workers for those positions
H-B Limits:
- Only 65,000 of the immigration visa applications are issued every year
- Non-profits visa applications are exempt from the cap
Because the H-1B Visas are limited each year and often exhausted on the first day of filing, it is important to start the application process now.
Call the The Law Office of Frederic R. Abramson if you have a question about immigration at 212-233-0666 or visit my website.
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