H-1B Visa Process The h1b visa is a non-immigrant visa that permits US organizations to employ professional level workers in an area of expertise that requires technical or theoretical expertise in specialized fields such as medicine, science, mathematics, engineering, architecture, accounting, finance, IT, etc. The United States employer may petition USCIS for the H-1B visa which has a normal duration of up to six years. It can be extended in certain cases if a green card petition is pending. H-1B Cap / Quota There is a cap of 65,000 H-1B visas issued each fiscal year. 20,000 petitions filed for persons with a U.S. master’s degree or higher are in addition to the 65,000 cap. Workers employed at government research organizations, institute of higher education, or a nonprofit research organization may be exempt from the cap. It is critical to plan in advance if you will be filing for H-1B visa..

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Recent speculations by media and news websites, solely based on “ Leaked Executive Order on H1B, L1 Visas by Trump’s Administration” and the recent H1B Bill “High-Skilled Integrity and Fairness Act of 2017“  introduced in house by Rep. Zoe Lofgren, have been blown out of proportion and creating confusion and anxiety in many current and prospective H1B visa holders. Due to the same timing of both of the executive order and H1B bill news, they are combined and facts are misinterpreted by many news agencies, which is the sole reason for the confusion. We will try to articulate the reality to clear all the confusions. First let’s look at both of the news separately. If you have not read, first read .  Now, Let’s look at the other news. Below is the summary of the H1B 130K Bill. Short Summary of the H1B Bill 130K – High-Skilled Integrity and Fairness..

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There has been so much confusion and chaos in the lives of many internationals living in US either on Green card or any other visa status with the recent executive order signed by President Trump on temporary ban on internationals from certain countries and certain background. This executive order signed matched word to word on the set of leaked Executive orders that were posted on Vox website on Jan 25th.  Many news agencies picked up on these memos, especially the one that says “Executive Order on Protecting American Jobs and Workers by Strengthening the Integrity of Foreign Worker Visa Programs“ and started to write speculating that new Executive orders are on the way to limit Employment Based Immigration. There are some others speculations based on the bills introduced to tighten H1B and L1 programs. We will try to summarize whats floating around all over news websites and blogs. × Disclaimer To..

1) Is the position a Specialty Occupation? The position must require at least a 4 year Bachelor Degree in a field related to the occupation. This must be the employer’s minimum requirement as well as the industry minimum requirement. The employer must be prepared to provide evidence in the form of help wanted advertisements from both the company itself as well as the industry. 2) Is the offered salary equal to or above the prevailing wage? You can check the Enter the State where the work will be performed, click Continue. Select the County, Select the Occupation, click Search, (note that H-1B Occupations should have an O*Net™ JobZone of 4 or higher. This means that the DOL considers that position to be a Specialty Occupation). You will see 4 wage levels. The prevailing wage level is based on the employer’s minimum requirements for the position. Bachelor Degree and 0-1 years..

The Department of Labor – – updated their website on January 12, 2017 and stated that they are currently processing prevailing wage determinations received in August 2016. This reflects a 5 month processing time for PERM prevailing wage determinations. Employers should plan ahead for PERM and I-140 processing for their employees. Instead of the usual three months of pre-PERM preparation this now means that it will take approximately nine months of pre-PERM preparation. Since the expire after six months it does not make sense to advertise the position prior to receiving the prevailing wage determination. We recommend employers begin the PERM process one year earlier than they would normally start if for no other reason than to benefit from the AC 21 provision that allows an employer to beyond the normal 6 year period. Source: h1b now

How many H-1B Visas are available for the FY-2018 Quota? 58,200 (65,000 minus 6,800 carved out for Chile and Singapore H-1Bs) H-1B Visas are available per year in the Bachelor’s degrees quota. 20,000 H-1B Visas are available per year in the U.S. Master’s degrees quota. When can I file my H-1B Visa Petition with USCIS? Monday, April 2nd, 2017 is the first day USCIS will accept H-1B petitions for quota (cap) subject cases for FY (Fiscal Year) 2018, commencing October 1, 2017 . Because demand for H-1B workers remains high the quota likely will be filled in the first 5 business days of April. Friday, April 7 2017 is likely the last day USCIS will accept H-1B petitions for quota (cap) subject cases for FY (Fiscal Year) 2018. USCIS is required to accept petitions received during the first five business days of April.  With April 1st a Saturday, the fifth business..

An E-3, H-1B, H-1B1, O-1 or L-1 nonimmigran may apply for an employment authorization document (EAD) if they possess an approved I-140 petition, they can demonstrate compelling circumstances, and whose priority dates are not current 1) Compelling circimstances: serious illness and disabilities, employer dispute or retaliation, other substantial harm and significant disruptions to the employer. 2) Eligibility of spouses and children. Family members of the principal are also eligible for employment authorization and may apply concurrently with the principal but cannot be granted until the principal is granted. The validity period of employment authorization for family members cannot exceed that granted to the principal. (3) Eligibility for renewal of employment authorization. May apply to renew employment authorization prior to expiration of the initial EAD if the individual can show that he or she continues to be the principal beneficiary of an approved EB-1, EB-2 or EB-3 IV petition and either:..

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announced yesterday that they plan to in the next year and a half, bringing their total nationwide workforce to nearly 280,000. Although they’re a tech company with roots in Seattle, that these new positions “are for people all across the country and with all types of experience, education and skill levels—from and to those seeking entry-level positions and on-the-job training.” As the company attempts to ramp up their infrastructure for quicker and easier deliveries, Amazon expects their new positions to be located not just in their Seattle headquarters or tech meccas like Silicon Valley — rather, many of them will be located in upcoming fulfillment centers in Texas, California, Florida, Kentucky, Illinois and New Jersey, among other states. And critically, all 100,000 of these jobs — whether in a corporate office or fulfillment center — will be full-time and offer a host of benefits, including “highly-competitive pay, health insurance, disability..