Foreign skilled workers, such as engineers working in robotics, are having a hard time coming to … [+] getty
It is not easy to get an H1B visa to work in the United States. U.S. employers have to jump through significant hoops trying to hire these foreign skilled workers. Unfortunately, the process is likely to get even tougher. With a presidential election looming and the outcome far from clear, the Trump administration is taking steps to introduce two “fast-track” regulations before the end of the year to make it harder for foreign skilled workers to qualify for H-1B visas and harder for U.S. companies to afford to hire them. The first regulation would narrow the definition of a “specialty occupation” and narrow the number of occupations that would qualify. The second regulation would significantly increase the required wage rates employers would have to pay and make it more costly for employers to hire foreign skilled workers.
Hire American Policy
In April 2017, the Buy American and Hire American Presidential Executive Order sought to block foreign workers from undercutting American employees by ostensibly working for lower wages. The administration’s argument was that these changes will save jobs for Americans and address the high unemployment rate caused by Covid-19. So with that first declaration, the U.S.Customs and Immigration Service (USCIS) started clamping down to deny H-1B applicants where they could find reasons to do so.
The problem with such a policy is its potential for unintended consequences, especially in the face of an unprecedented event like the Coronavirus pandemic. Why make it difficult for American employers to hire foreign workers if they cannot find them in America? Isn’t the whole point of the program to help employers find them because they are not here? Take the health care area of work, for example. Presumably these workers are critical not just to the employers, but to the well being of the entire U.S. and its economy. Indeed, the U.S. needs foreign skilled workers to maintain its leadership in many of the industries that use this visa category. So there was a cost associated with saving American jobs, that may have actually cost American jobs. Yet the president doubled down on the policy.
In fact, many of the largest tech companies in the U.S. have slammed the anti-H1B visa proclamations as going too far, arguing they have damaged the economy. Recently, after filing a lawsuit by the U.S. Chamber of Commerce, the National Association of Manufacturers, the National Retail Federation and others, challenging the federal restrictions,
Picture of THomas Donohue, a grey haired man who is President of the U.S> Chamber of Commerce.
Thomas Donohue, president and CEO of the US Chamber of Commerce, issued a statement condemning … [+] AFP via Getty Images
Thomas J Donohue, the CEO of the U.S. Chamber of Commerce issued the following statement:
“Our lawsuit seeks to overturn these sweeping and unlawful immigration restrictions that are an unequivocal ‘not welcome’ sign to … critical workers who help drive the American economy. Left in place, these restrictions will push investment abroad, inhibit economic growth, and reduce job creation.”
Unintended Consequences
Modern technology is enabling more employees to work remotely than ever before. Indeed, Covid-19 has forced a large percentage of the work force in the U.S. to work remotely. A high percentage of workers from this work force are from the highly skilled industries dependent on H-1B visa workers. For these employers it is becoming increasingly unnecessary to go through the arduous process of bringing these highly skilled workers to the U.S. The anti-H1B visa policy actually makes it more likely for American employers to contract work out to these foreign skilled workers overseas and at lower pay rates. Indeed, Britta Glennon, an assistant professor at the Wharton School of Business has conducted research that found that “policies that are motivated by concerns about the loss of native jobs should consider that policies aimed at reducing immigration have the unintended consequence of encouraging firms to offshore jobs abroad.”
US elections 2020 vote by mail ballot
The U.S. election will decide what direction H1B visa policy will take. However, it would be wise … [+] getty
In short, these restrictive immigration regulations are likely to move high skilled and high paying jobs offshore. They will decrease, not increase, employment opportunities for American workers and leave them scrambling for low paying, unskilled jobs with very little room for upward mobility. Glennon’s research identifies that “restrictive H-1B policies could not only be exporting more jobs and businesses to countries like Canada, but they could also be causing the U.S.’s innovative capacity to fall behind.” These are alarming unintended consequences that need to be avoided.
Indeed, the administration would be wise to follow the carpenter’s rule to “measure twice, before cutting once.”
H1B Visa Requirements
H-1B Visa, Work Visa to USA
H-1B is an employment based, non-immigrant visa for temporary workers in America.
H-1B is an employer sponsored visa i.e. an employer must offer a job and petition for your H-1B visa with US immigration department.
This approved petition is a work permit allows you to get visa stamp and work in US for that employer.
Who qualifies for H-1B Visa ?
H-1B is issued to a specialty occupation , requires theoretical and practical application of a body of specialized knowledge along with a bachelors degree or its equivalent.
The US employer must be able to justify the exclusive need for this foreign worker/visa holder and prove that the task cannot be accomplished by a local citizen who may either be unavailable or not qualified, either academically or professionally.
Is there any Quota for H1B visa?
The H-1B visa has an annual numerical limit or “cap” of 65,000 visas each fiscal year. There are an additional 20,000 visas for applicants who completed their master’s degree from a US university. This cap is subjected to change based on regulations set forth by the United States Citizenship and Immigration Services (USCIS).
See how the lottery process for H1B visa process has changed in Fy 2019.
What is the maximum time period allowed on a limit on H-1B Visa?
Initial approval is for 3 years, which can be extended in increments of up to 3 years. Total stay cannot exceed total 6 years. Read more about H1B visa extension
What is a typical process to obtain H1B Visa?
– Must qualify and be eligible for H-1B criteria.
– Employer gets Labor Condition Application(LCA) approval from the Department of Labor in the US.
– A US employer should file H-1B petition with USCIS and get an approval for it.
– Foreign worker must apply for the Visa and get the stamping at applicable US consulate in his/her home country.
– Come to America and work for this designated Employer.
– H-1B Visa is subject to approval. Each applicant must have valid passport and need to complete a Visa application form, pay the fee, and appear for the visa interview at the nearest applicable US consulate in the home country.
See complete H1B visa process details.
Quick Facts about H1B Visa.
Limit of H1B visa.
Total stay is limited to 6 years. Initial approval is for 3 years, which can be extended for increment of up to 3 years.
H1B- Re-Stamping?
A new stamping can be done in any other country at any American consulate, based on the H1B extension approval. more
Multiple Employers?
H-1B aliens may work for more than one U.S. employer, but must have a Form I-129 petition approved by each employer.
Travel?
H1B visa can be multiple entry visa, which allows a person to travel in and out of USA for any number of times, within the specified visa validity.
Work?
H-1B aliens may only work for the petitioning U.S. employer, and employer may place the H-1B worker on the work site of another employer.
Vacation?
An H-1B alien may be on vacation, sick/maternity/paternity on strike.
As long as alien is associated with the employer.
Family Status?
The spouse and unmarried children (under the age of 21) of H1B professionals are allowed to stay in the United States under the H4 category for the same duration as the H1B status. more
Permanent Residency (Green Card)?
An H1B holder is eligible to seek, permanent residency to USA. more
Changing Employer?
H1B can be transferred to a new employer with H1B transfer.
You can also start working for new Employer upon the receipt of H1 transfer case.
Buying Property in usa?
H1B holder can buy or sell real estate or any other property in USA.
You can buy lottery or win lottery.
What are the qualifying educational requirements for H-1B ?
One of the basic requirement for H1B is education. To qualify for the H-1B visa category, the prospective H-1B employee must hold a U.S. bachelor’s or higher degree, or the equivalent. The person must hold a U.S. equivalent 4 years’ bachelor’s or higher degree from an accredited college or university. If the foreign degree is 3 years’ bachelor’s degree, a 3 years of work experience in same or similar field /occupation can be considered to one year additional education.
In addition to the academic qualifications, the individual must be fully qualified to lawfully perform the duties of the position offered. In occupations that require licensure or professional credentials (e.g., doctor, dentist, attorney, CPA, architect, registered nurse), the individual must already hold such qualification before the H1B visa petition can be filed.
What type of jobs comes under Specialty Occupation ? what type of Jobs /occupation can qualify for the H1B visa?
While there are several areas and categories which may qualify for specialty occupation like Engineers, Doctors/Physicians, Managers, Financial Manager, Analyst, Business Managers, Sales Managers, Art, entertainment, Lawyers, CPA, Architect, Health Care professionals, Technicians, there is a preference given to occupations that focus on Science, Technology, Engineering and Management.
Next – H1Visa employers petition process.
H1B petition Process
Firstly, an US employer who chooses and agrees to employ you and file for your H-1B visa. For that, the employer files for a H1B petition with USCIS. The petition itself is a 2-step process. 1. Getting the Labor clearance. 2. Filing the H1B petition with USCIS.
1. Labor certification for H1B :
The prospective US employer must file an approved Form ETA-9035, Labor Condition Application (LCA), with the Form I-129, Petition for a Nonimmigrant Worker. Employer must submit LCAs electronically via the DOLS iCERT Portal System
2. Filing for H1B Petition with USCIS: Upon DOL certification, the employer files the USCIS Form I-129, the required filing fee, and other supporting documentation (including the approved LCA) to USCIS. Unless specifically exempt under the law, the employer must pay USCIS filing fees.
There can be fee associated with LCA and USCIS petition. Fee is subject to change from time to time.
What documents are required for H1B visa petition?
Employer may require certain document from the foreign worker for the purpose of petition. Following is a typical sample of the required document for H-1B petition:
Copy of passport.
Copy of degrees /educational certificates / transcripts.
Letter of current employment.
Copy of previous employment /experience.
Copy of any certifications/achievements.