President Barack Hussein Obama, has provided stimulus to American companies to fight against the recession prevailing in America for the last 16 months.
America's 44th President, Barack Hussein Obama, has provided stimulus to American companies to fight against the recession prevailing in America for the last 16 months.
However, he has restricted financial aid to those companies who invite aliens to work with them on H-1B visas. 'H' category of USA visas which allow American employers to invite foreigners to temporary work with them have H-1B, H-1C, H-2A, H-2B, H3 and H4 categories. What are they? Many of us are unaware of the same. The following provides brief information concerning them:
a) Section 101(a) (15) (H) (I) (b) of INA defines H-1B visas. H-1B visa is an important category of visa as it is issued to specialty occupations, department of defence workers, fashion models, etc. so as to allow them to work and earn in United States of America . They have to be paid salary at the prevailing market rate. These visas are restricted by yearly quotas of 65,000 per annum out of which 10% are reserved for citizens of Chile or Singapore. In addition thereto, 20,000 visas are granted to those aliens who have done their masters from USA Universities. Besides this, those who are working in government or charitable organisations, their numbers are not counted in either the 65,000 or 20,000 yearly quotas.
A USA employer, if he has a vacancy for a post for which a degree holder is required, may, after filing Labour Condition Application with the Labour Department, invite an alien to work with him on H-1B visa. H-1B visas are issued to commence working after 1st October each year. A petition is required to be filed in USA with the Service Centre in whose jurisdiction the employer is situated. The petition may be filed 6 months in advance before the commencement date i.e. on/after April 1st each year. Along with which US$7679 towards processing fees, US$320 towards H1B fees and US$500 towards fraud detection fees is to be paid. After the petition is accepted, it is processed and approved or denied within the next 2 - 6 months. If the result is sought for immediately, then additional US$1000 is required to be paid towards premium processing fees. On payment of the same, within 15 days, an answer is provided which could be a request for further evidence or acceptance or denial. Once the petition is approved, the alien employee has to apply for H-1B visa at the USA consulate in his home country. He may travel to USA on receipt of visa 10 days prior to the commencement of his job.
Normally, at the first instance, H1B visa holders are admitted in to USA for a period of 3 years. They may, thereafter apply for its extension for another 3 years period. Change of employers is permitted. The USA employer may also sponsor the H-1B worker for a Green Card under the Employment based 3rd Preference category. If such a petition is filed and is approved, but the immigrant visas cannot be issued for want of quota numbers, and during that waiting period, the 6 year aggregate period permissible to the H-1B worker expires, then on application, increments of one year each may be granted to him till Immigrant visas are available to him.
To be continued
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