H1b Issues
H1b nonimmigrant visas are available to workers coming to the United States temporarily for
jobs in "specialty occupations." The H1b category is subject to very specific and highly restrictive terms.
Additionally, most new H1b workers are subject to an annual limit (quota) of 65,000 "regular cap" visas, plus an
additional 20,000 available to those with advanced degrees awarded by U.S. colleges and universities.
This quota has varied, between 65,000 and 195,000 over past years. When it has reverted to the 65,000 base level, we have never seen a year in which it did not fill prior to the end of the fiscal year.
Congress will likely amend the H1B statute in the near future - either as part of comprehensive immigration reform (CIR) or otherwise. Likely changes being considered include a permanent increase in the base quota level (presently 65,000), increases in the ancillary taxes (ACWIA and anti-fraud), and limitations on the use of H1B visas by consulting companies.
Generally, the H-1B category is for nonimmigrants who are coming to the United States temporarily to work in a job that customarily requires education and or experience equal to that usually attained by study at an institution of higher learning leading to a bachelor's degree in a specific field of study. This classification requires a labor condition application issued by the Secretary of Labor. This classification also applies to Government-to-Government research and development, or coproduction projects administered by the Department of Defense. A worker who receives this type of work permit may be employed by the sponsoring employer only. If the worker wishes to change employers, the new employer must first file a new petition on behalf of the worker.
In order to be considered as a nonimmigrant in this classification, the applicant's prospective employer must file Form I-129, Petition for Nonimmigrant Worker, with the United States Citizenship and Immigration Services Bureau (CIS). Once approved, the employer is sent a notice of approval, Form I-797. It should be noted that the approval of a petition does not guarantee visa issuance to an applicant found to be ineligible under provisions of the Immigration and Nationality Act.
We can assist you with your H1B issues. If you would like to discuss your options and what can be done, please don't hesitate to contact us. We do not charge for talking to people about prospective representation.