H1B
Visa
(H1B Visa, H1C, H2A,
H2B, H3 - US Work Visas For Nonimmigrant
Workers)
H1B Visa (Work Visa for Workers
in Specialty Occupations):
A "specialty occupation"
is defined by the Immigration and Nationality Act as "an occupation that
requires (a) theoretical and practical application of a body of highly
specialized knowledge, and (b) attainment of a bachelor or higher degree
in the specific specialty (or its equivalent) as a minimum for entry into
the occupation in the United States."
The LL.M. Law Group can help obtain an H1B visa
for the following:
-
Foreign nationals with specialized knowledge;
examples include scientists, engineers, research analysts, management
consultants, accountants, and other professionals with a Bachelor's degree
or equivalent
-
Foreign nationals entering the United States to
offer exceptional services relating to cooperative research and
development projects administered by the Department of Defense
-
U.S. companies employing qualified foreign
professionals for jobs that require a Bachelor's degree and specialized
skills
Please refer to the
LL.M. Law Group's immigration
consultation procedures to begin.
-----------------------------------------
Question:
I am running out of H-1B time. What will happen to my H-1B status if the
Quota Backlog holds up my Green Card Application:
Answer:
The AC21 legislation provided some relief in this area. If you have an
approved I-140 and you are unable to proceed with the I-485 due to quota
backlogs, the company is eligible to apply for extension of H-1B time, in
increments of three years, on your behalf. Your dependent’s H-4 status may
also be extended.
If you are not the beneficiary of an
approved I-140 petition, you may still be able to obtain extensions, in one
year increments, as long as the labor certification or I-140 petition have
been pending more than 365 days.
------------------------------------------
NEWS: Senate Defeats Attempt
to Eliminate H-1B, Backlog Relief from Budget Reconciliation Bill
AILA InfoNet Doc. No. 05110340 (posted Nov. 3,
2005)
As background, the Senate Judiciary
Committee, as part of the budget reconciliation process, held a markup on
October 20 of a proposal to provide temporary relief from the H-1B visa
blackout and the employment-based immigrant visa backlogs in exchange for
increased fees on some petitions. Although it was vehemently opposed by some
Members of the Committee, the proposal ultimately passed out of Committee by
a strong 14-2 vote. The final package would:
- Impose a new $500 fee on immigrant visa
petitions for the EB-1, EB-2, and EB-3 categories.
- Recapture unused employment-based visas
from prior years for immediate allocation of up to 90,000/year.
- Exempt spouses and minor children from
counting against the annual cap on employment-based immigrant visas.
- Allow individuals to apply for
adjustment of status before an immigrant visa is deemed currently
available. (Of course, approval could not occur until the visa number is
available.)
- Recapture approximately 300,000 unused
H-1B numbers dating back to FY 1991. As a result of an amendment by
Senator Feinstein, 30,000 rather than 60,000 would be available annually.
(In other words, effectively raising the cap from 65,000 to 95,000 for at
least 10 years.)
- Impose a new fee on the recaptured H-1B
visas so that the fees on the original 65,000 H-1B allotment remain
unchanged but the additional 30,000 available annually carry an additional
$500 fee.
- Impose a new $750 fee on L-1 visas.
(This was part of Senator Feinstein's amendment and was necessary to
offset the reduction in revenue resulting from the limitation on
recaptured H-1B numbers from 60,000 to 30,000.)
The Senate’s package still must be
reconciled in conference with the House’s alternative budget reconciliation
bill which, as noted above, imposes a $1,500 fee increase on L visas.
H1C Visa (Work Visa for Professional Registered Nurses):
The H1C visa category is
appropriate for registered nurses who will work in areas designated by the
Department of Health and Human Services as a "shortage area."
The
LL.M. Law Group can help obtain an H1C visa for the following:
-
Hospitals and medical facilities designated to hire registered foreign
nurses
-
Foreign nurses with an unrestricted license to practice nursing
Please refer to the
LL.M. Law Group's immigration
consultation procedures to begin.
H2A Visa (Temporary or Seasonal Agricultural Workers):
A foreign
national may come to the U.S. temporarily to perform agricultural
or seasonal work.
The LL.M. Law Group can help obtain an H2A visa
for the following:
-
U.S. companies employing foreign workers to
perform agricultural labor or services of a temporary or seasonal nature
-
Foreign agricultural workers with job offers
from U.S. companies
Please refer to the
LL.M. Law Group's immigration
consultation procedures to begin.
H2B Visa (Work Visa for Temporary Nonagricultural Workers):
An H2B nonagricultural
temporary worker is defined as "an alien who is coming temporarily to the
United States to perform temporary services or labor, is not displacing U.S.
workers capable of performing such services or labor, and whose employment
is not adversely affecting the wages and working conditions of U.S.
workers."
The
LL.M. Law Group can help obtain an H2B visa for the following:
-
U.S. companies employing foreign nationals to perform temporary
nonagricultural work for which no U.S. workers are available
-
Foreign athletes, trainers or artists
-
Skilled workers in crafts and trades
Please refer to the
LL.M. Law Group's immigration
consultation procedures to begin.
H3 Visa (Work Visa for Temporary Trainees):
An H3 trainee is a nonimmigrant who
seeks to enter the United States at the invitation of an organization or
individual for the purpose of receiving training in any field of endeavor,
such as agriculture, commerce, communications, finance, government,
transportation, but not physicians.
The
LL.M. Law Group can help obtain an H3 visa for the following:
-
Multinational companies sending their foreign
employees to the United States for training
-
Foreign nationals to receive training not
available in their home country
-
Special exchange visitors receiving training to
educate children with physical, mental or emotional disabilities
Please refer to the
LL.M. Law Group's immigration
consultation procedures to begin.
The LL.M.
Law Group will work with you to arrive at an arrangement that is
fair to all concerned.
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