About H1 B
USCIS is taking time in approving H1B Visa petitions due to fraud activities while submitting the petition for approval.
Consulting companies are asked to produce project related details from the Clients.
New Rules
- Companies receiving funding from US Government after stimulus package is passed will be considered ‘H1B Dependent Firm‘
- When a company becomes H1B Dependent Firm, they can hire employees with H1B Visa, but they have to prove no American worker is affected because of hiring an employee in H1B Visa. ( might have more restrictions, but in simple terms, this is what I understood)
- There is exception to Step 1. Companies can hire exempt H-1B non immigrant
Changes to H1B Rules
The Employ American Workers Act (EAWA), which is part of the stimulus bill that President Obama signed into law in February of 2009 prevents employers from displacing American workers when recruiting H1B applicants if the employer obtains "covered funding" through the Troubled Asset Relief Program or pursuant to section 13 of the Federal Reserve Act. Companies that receive such funding are deemed "H-1B dependent" employers and must therefore fulfill the following requirements:
- Make good faith efforts to hire American workers or other immigrants authorized to work in the U.S.,
- Have offered the position to any American employee who applied and has the same or superior qualifications for the position that is intended for the H1B applicant;
- Have not displaced American employees working within the period commencing 90 days before the H1B petition was filed and terminating 90 days following its filing
- Will not assign an H1B employee to another employer unless it has found out whether the latter has laid off or plans to lay off a U.S. employee within 90 days preceding or following the H1B worker's placement.
