The DHS rule restrictively redefined which jobs would qualify as specialty occupations and placed unreasonable limitations on the placement of H-1B workers at third-party sites. The USCIS has published new H-1b regulations which will drastically alter the H-1b visa program.
H 1b Visa Regulations May Get Revised Tech Workers Feel The Heat Techgig
Under the H-1B1 visa program the INA permits nonimmigrant professionals in specialty occupations from countries with which the United States has entered into certain agreements that are identified in section 214 g 8 A of the INA to temporarily enter the United States for employment in a specialty occupation.
H 1b regulations. Under current regulations at 8 CFR 2142h9iii the maximum validity period an H-1B petition may be approved is up to three years which necessarily allows for lesser periods as well. Trump Administration Reforms H-1B Regulations. Note that the generally accepted method is the iCERT so if you must use the mail processing you need to get prior permission to do so.
Forthcoming Regulations Would Fundamentally Impact the H-1B Visa Program and Prevailing Wage Levels View All Visa Programs On September 3 2020 US. The new rule will restrict the ability for employers to hire and maintain status for H-1B workers who will work at third-party worksites. The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability.
Your time period may be extended but generally cannot go beyond a total of six years though some exceptions do apply under sections 104c and 106a of the American Competitiveness in the Twenty-First Century Act AC21 8 CFR 2142h13iiiD and E. Citizenship and Immigration Services USCIS selects H-1B petitions under the H-1B regular cap and the advanced. Workers and H-1B nonimmigrants and measured according to full-time equivalent employees and the employers H-1B nonimmigrant employees a head count including both full-time and part-time H-1B employees -.
The new regulations will take effect on Dec 7 2020. A summary with analysis is being provided to clients. USCIS has an established practice of approving H-1B petitions for less than 3 years for various reasons such as to conform to the dates of the accompanying LCA.
As an H-1B specialty occupation worker or fashion model you may be admitted for a period of up to three years. As you may know USCIS implemented new regulations on the H-1B process and the DOL implemented new regulations on the Prevailing Wage process. Complete the ETA 9035.
While there is at least one Court Case pending seeking an injunction on both of these regulations it is still worthwhile going through the major changed made by both these regulations. Significant Changes Announced in H-1B Regulations for Third-Party Engagements January 18 2021 DHS has announced that it is amending its regulations to clarify how USCIS will determine whether there is an employer-employee relationship between the petitioner and the beneficiary for the purposes of an H-1B petition. 1 H-1B-dependent employer for purposes of THIS subpart H and subpart I of this part means an employer that meets one of the three following standards which are based on the ratio between the employers total work force employed in the US.
New DHS Proposed Regulations will Revise the H-1B Cap Lottery On Monday November 2 the Department of Homeland Security DHS published a proposed rule intended to change the H-1B lottery process and further restrict H-1B eligibility. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelors degree or its equivalent. Citizenship and Immigration Services USCIS submitted an Interim Final Rule to the Office of Information and Regulatory Affairs OIRA within the Office of Management and Budget OMB entitled.
His statement can be found here. One-Year Limitation of H-1B Validity. The validity period of any H-1B petition that includes work at a third-party worksite will be limited to one year.
An Application for Employment Authorization must be accompanied by documentary evidence establishing eligibility including evidence of the spousal relationship and that the principal H-1B is the beneficiary of an approved Immigrant Petition for Alien Worker or has been provided H-1B status under sections 106a and b of AC21 as amended by the 21st Century Department of Justice Appropriations Authorization Act the H-1B beneficiary is currently in H-1B status and the H. According to the current LCA regulations the following guidelines must be strictly followed by employers. The employer must file the LCA on the ETA 9305E via the electronic iCERT system or the ETA 9035 by mail.
President Trumps 2017 Buy American and Hire American Executive Order is the impetus behind a press release on October 6 which announced the interim final rule IFR that strengthens the H-1B nonimmigrant visa program to protect US. A link to the new regulations can be found here. WASHINGTON The Department of Homeland Security DHS posted today for public inspection a final rule amending regulations governing H-1B cap-subject petitions including those that may be eligible for the advanced degree exemptionThe final rule reverses the order by which US.
The DOL rule raised the minimum salaries companies must pay to qualify to sponsor a worker in the H-1B category placing these workers out of reach for many companies.
