United States (H1B Visa)
The H1B visa (or simply
called H1 Visa) is a non-immigrant employment
based visa for workers coming to the USA
to perform a "specialty occupation."
Workers from Mexico and Canada can get a
special TN status under the NAFTA treaty.
The H1B status allows foreign workers to
work in the USA for a maximum of six years.
It is granted for three years and can only
be renewed once for an additional three
years. The Information Technology industry
uses this type of visa frequently to fill
vacant positions. Many H1B applicants are
engineers or computer programmers. Quotas
are set every year for the H1B visa by the
government.
INS will not approve an application you submit because you must have an offer from an employer and the employer must file the petition on your behalf. An employer can be an individual, partnership, or corporation. Applications are "job specific." If your situation changes (for example, you lose your job or change locations), you must file a new H1B visa petition. The visa is only valid for work with the employer that filed the original petition.
INS will not approve an application you submit because you must have an offer from an employer and the employer must file the petition on your behalf. An employer can be an individual, partnership, or corporation. Applications are "job specific." If your situation changes (for example, you lose your job or change locations), you must file a new H1B visa petition. The visa is only valid for work with the employer that filed the original petition.
In order to qualify for
this type of visa, you must have a four-year
college degree or the equivalent education
and experience. Your employer does not have
to prove that there are no available U.S.
workers for this position. However, the
job offered must require a four-year degree.
You will be denied an H1B visa if you have
a four-year degree but the job does not
require one.
Also, you must prove that
your education is equivalent to the minimum
requirements of a U.S. bachelor's degree.
Sometimes work experience can be substituted
for part of a degree. There are organizations
that specialize in certifying your credentials
for a fee. For example, if your actual education
amounts to only two years of college, but
you have three years of work experience,
the evaluator may determine that your education
and experience add up to a four-year bachelor's
degree.
Spouses and children under
the age of 21 may be eligible to come to
the U.S. for the duration of the H1B's authorized
stay and will be granted H-4 visas. The
H-4 will not allow them to work. Dependents
under the age of 21 are allowed to attend
college and school.
There are several steps
in obtaining an H-1 B Visa:
Prospective employers must obtain a Labor Condition Application (LCA) and have it certified by the U.S. Department of Labor before the H1B petition can be filed.
Prospective employers must obtain a Labor Condition Application (LCA) and have it certified by the U.S. Department of Labor before the H1B petition can be filed.
The prevailing wage and
actual wage must be determined and compared.
The employer is required to pay the higher
of the two. The prevailing wage is determined
by the State Employment Security Agency
by completing a special form, which asks
the employer for the responsibilities, skills
and experience needed for the job. The actual
wage is determined by comparing other workers
in the same positions with the same level
of experience.
Once the prevailing wage
has been determined, then the LCA can be
submitted. This is a two-page form that
contains information about the employer.
By completing and signing the form, the
employer is agreeing to pay the higher of
the two wages, that the employment of this
individual will not adversely affect the
conditions of other workers and that there
is no strike for their occupation at the
workplace. Recently, Congress determined
that employers must attest that they will
offer H1B visa holders the same benefits
as their other workers. This includes health,
life, medical, retirement, stock options
and bonuses.
The form is then mailed
or faxed to the Department of Labor and
they return a certified copy to the employer.
The employer must post
notices at two conspicuous places at their
business of the H1B filing for ten days
or provide notice of the filing to the collective
bargaining representative for their employees.
The LCA form can be used for the actual
posting as well.
After the Department of Labor accepts the LCA, then the employer can file your H1B petition. If you are out of the country, the INS will send notification of your approval to the U.S. consulate in your country and you can apply there using the I-129 form. Be sure to provide supporting documents in your petition such as the accepted LCA, educational transcripts, or a letter from employer describing the position and licenses. The employer must include the fee for the petition.
After the Department of Labor accepts the LCA, then the employer can file your H1B petition. If you are out of the country, the INS will send notification of your approval to the U.S. consulate in your country and you can apply there using the I-129 form. Be sure to provide supporting documents in your petition such as the accepted LCA, educational transcripts, or a letter from employer describing the position and licenses. The employer must include the fee for the petition.
Processing times vary depending
upon service center and the visa. It could
be up to a three to four month wait. If
the employer can show a substantial need
for the employee, INS might approve the
petition sooner. However, employment cannot
begin until INS has issued the appropriate
visa.
If the employee is terminated,
the employer is responsible for the employee's
return trip home.
United States (H4 Visa)
Spouse and unmarried
children under age of 21 of an H1B visa
holder are eligible for an H4 visa. A person
on an H4 status is not allowed to work unless
and until the person gets a Change of Status
from the INS from H4 to H1B status. Currently
INS is not issuing Social Security Number
(SSN) to H4 visa holders.
H4 holders can get a Driver's license, open
a Bank account, or even go to college. Children
on H4 visas do not need a separate visa
to attend school.
It is possible to convert H4 to "F1"
if one wishes to attend full-time course
work. This means, a minimum of twelve
(12) credits per semester in an educational
institution recognized by the INS.
Another option for those interested in
continuing their education, is to attend
community colleges. This way, one does
not have to change visa status. These
colleges only award the equivalent of
a Diploma, instead of a Degree, but they
often the serve the purpose at a lesser
cost.
It is certainly possible to convert H4
to H1, if one can provide proof, that
he / he is qualified, has had prior experience
in his/her field of expertise, and have
a job offer from a company in the United
States.
United States (Going From F1 to H1 to Green Card)
If you are international
student in the USA on an F-1 visa, then
you have an excellent opportunity to eventually
become a permanent resident of the USA.
Students come to the USA either on an F-1
or J-1 visa. The J-1 has one advantage over
the F-1: it allows the J-1 holder's spouse,
who would receive a J-2, to work in the
USA while their spouse is studying. But
after their education or training, J-1 and
J-2 holders have to return to their native
countries for at least two years before
they can re-enter the country to work. For
most individuals from the Third World, this
condition usually means that you may never
have another opportunity to settle in the
USA. But the F-1 has no such restrictions.
F-1 visa holders can apply for jobs and
use the jobs to get their permanent residence,
also known as the green cards.
International students planning to stay
back must remember a few things that will
help make their progress from an F-1 to
an H-1B and then onto the green card smooth
and uneventful.
It is always easier if one has at least
a master's degree. Unless you arein a high
demand area like nursing or information
technology, a bachelor's degree is usually
inadequate. The labor department, which
gives the permission to hire foreign workers,
finds it hard to believe that anyone with
just a bachelor's degree has such unique
skills that there are no Americans who can
do that job. In information technology,
it is generallyunderstood that skilled workers
are unavailable, so even a bachelor's degree
will do, but not in other areas.
Never violate your status. As an F-1,
you are required to be a full-time student
in every semester, which is at least nine
credits for graduate students and 12 credits
for undergraduate students. When your
course work is completed and you are writing
your thesis, make sure that you register
for that so that your status remains intact.
You do not have to register during the
summer semesters. Also remember that as
an international student you can work
only on campus and only for 20 hours a
week. If you break these laws you will
be out of status. If by any chance you
have violated your status, but you still
have a valid multiple entry F-1 Visa,
then you can restore it by making a short
trip overseas ? the Bahamas, Mexico and
Canada are all close by ? and then re-enter
the USA. While on the subject, it is good
to know that F-1 visas are only entry
documents. Even if your visa has expired,
you can continue to stay in the USA and
study, legally, until the validity date
on your I-20.
Do not waste your practical training
period. All F-1 students are allowed to
work off-campus for one year if in the
preceding year they have maintained their
status as F-1 students. Many students
are tempted to avail this privilege in
order to make money. It can prove to be
a disaster if you do not land a job as
soon as you graduate, and you have already
used up your practical training period.
You will either have to go back or violate
your status. Sometimes, even when you
get a job on time and your lawyer applies
for your F-1 on time, delays at INS ,
which aren't that infrequent, can abruptly
disrupt your life plans. At this time,
your practical training period can come
in handy. You can start work on your training
work permit and not worry about waiting
on the INS.
An H-1B is a provision created by the
Congress to enable foreigner workers to
come to the USA temporarily and help American
organizations and business meet a shortfall
in expert help. Globalization and the
high-tech boom in the USA has created
a demand for skilled workers that far
outstrips local supply. The amount of
H-1B visas available each year varies.
In the year 2000-2001, there are 107,000
H-1B visas available. There is a proposal
to raise it to 195,000, but that depends
on who is elected president. Democrats
usually favor immigration, but that might
change since globalization is now hurting
labor even in the First World. Remember
the riots in Seattle and Switzerland against
the World Trade Organization?
You can get H-1B sponsorship from two
kinds of employers: labor consultants
and companies. Some labor consultants
hire people whom they can contract to
other firms. For example, a company may
hire you for $35,000 a year, acquire your
H-1B and then subcontract you to some
other company at $50 an hour. The company
will make about $96,000 by contracting
you and profit nearly $61,000. Some candidates
who are in a hurry to get a job join such
firms. But always remember these firms
never sponsor people for green cards.
Even larger firms that you could work
for directly do not sponsor their employees
for green cards. Which means they will
use you for six years ? the maximum period
available for an H-1B employee ? and then
discontinue you. You will have no option
but to go out of the USA and won't be
able to return for two years. So before
you say "I do," make sure that
the company you are joining is willing
to sponsor your green card. You can join
any firm and start looking for another
job that will sponsor you. It may entail
working in less glamorous places and for
lesser wages, but if you want a longer
stay in the USA be prepared to pay the
price.
You can be on an H-1B for six years,
and it takes the entire green card process
about three years. You have to be with
the same employer during that period.
If you switch jobs, you have to restart
the entire process.I do not recommend
this no matter how much extra the new
firm pays. For this entire odyssey you
need patience, steadfastness, a good lawyer
and about $5,000. The F-1 to H-1B usually
costs between $1,500 and $2,000, and the
H-1 to green card will cost between $2,500
and $3,500. Remember to hire an immigration
attorney. Feel free to interview them
and check their past history. Offices
in a downtown area are usually good indicators
of success, but probably also means higher
fees. Do not, under any circumstances,
allow ethnicity or back-home connections
to influence your choice of attorney.
Nothing can be more foolish.
The process sounds tedious, time- and
money-consuming and full of legal hurdles.
But believe me, it is worth it. The USA
is a great country, full of opportunity
and freedom. It is a prize worth working
hard for.
To qualify for permanent
resident status in any sub-category of this
classification, the alien is required to
have employer sponsorship and Labor Certification,
or documentation to prove that the alien
qualifies for one of the shortage occupation
the Department of Labor has identified on
a list known as "Schedule A."
Schedule A occupations include physical
therapists, professional nurses, physicians
or surgeons, college or university teachers,
aliens of exceptional ability in the sciences
or arts (except performing arts), certain
religious occupations, and intra company
transferees in managerial or executive positions.
Certain provisions of the Immigration Act
of 1990 directed the Department of Labor
to conduct a Labor Market Information Pilot
Program to identify additional occupations
for which there is a shortage of labor within
the United States. Aliens in those occupations,
then will be able to apply for permanent
resident status under this classification
must be filed by the employer on behalf
of the alien.
United States (Employment)
To qualify for permanent
resident status in any sub-category of this
classification, the alien is required to
have employer sponsorship and Labor Certification,
or documentation to prove that the alien
qualifies for one of the shortage occupation
the Department of Labor has identified on
a list known as "Schedule A."
Schedule A occupations include physical
therapists, professional nurses, physicians
or surgeons, college or university teachers,
aliens of exceptional ability in the sciences
or arts (except performing arts), certain
religious occupations, and intra company
transferees in managerial or executive positions.
Certain provisions of the Immigration Act
of 1990 directed the Department of Labor
to conduct a Labor Market Information Pilot
Program to identify additional occupations
for which there is a shortage of labor within
the United States. Aliens in those occupations,
then will be able to apply for permanent
resident status under this classification
must be filed by the employer on behalf
of the alien.
A "skilled worker" means an alien
who, at the time the petition is submitted,
is qualified and capable of performing a
job that requires at least two years of
training or experience for which no U.S.
workers are available. The job must not
b of a seasonal or temporary nature. In
some instances, an alien with less than
two years experience may be eligible for
permanent resident status under this classification
if relevant post-secondary education may
be considered as training.
The skilled worker's petition must be
accompanied by evidence that the alien
meets the educational, training, or experience,
and any other requirements set forth in
the approved Labor Certification application.
The evidence may be in the form of letters
from trainers, or previous or current
employers. The letter must contain the
name, address, and title of the trainer
or employers, and a detailed description
of the training received or the experience
of the alien. If the alien seeks status
under the provisions of Schedule A, or
under DOL's Labor Information Pilot Program,
a fully executed uncertified Form ETA-750
must accompany the I-140 Petition.
A "professional" means an alien
who holds at least a U.S. baccalaureate
degree or a foreign equivalent degree,
and who is a member of the professions.
The petition must be accompanied by an
official college or university record
showing the date the baccalaureate degree
was awarded, and the area of concentration
of study. To show that the alien is a
member of the professions, the employer
must submit evidence showing that the
minimum of a baccalaureate degree is required
for entry into the occupation .
"Other workers" are those who,
at the time the petition is filed, are
capable of performing unskilled labor,
or labor that requires less than two years
training or experience, for which U.S.
workers are not available. The employment
must not be of a temporary or seasonal
nature. An I-140 petition for an unskilled
worker must be accompanied by evidence
that the alien meets any educational,
training, or experience requirement of
the approved Labor Certification application.
United States (USA Lottery)
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