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H1B  Visa
(H1B Visa, H1C, H2A, H2B, H3 - US Work Visas For Nonimmigrant Workers)


USCIS Reaches Fiscal Year 2012 H-1B Cap.
On November 23, 2011, USCIS announced that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year (FY) 2012. USCIS is notifying the public that Nov. 22, 2011, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2012.

Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY 2012 that arrive after Nov. 22, 2011.

For more information please visit http://www.uscis.gov/.


H1B Visa (
Work Visa for Workers in Specialty Occupations):

A "specialty occupation" is defined by the Immigration and Nationality Act as "an occupation that requires (a) theoretical and practical application of a body of highly specialized knowledge, and (b) attainment of a bachelor or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States."

The LL.M. Law Group can help obtain an H1B visa for the following:

  • Foreign nationals with specialized knowledge; examples include scientists, engineers, research analysts, management consultants, accountants, and other professionals with a Bachelor's degree or equivalent
  • Foreign nationals entering the United States to offer exceptional services relating to cooperative research and development projects administered by the Department of Defense
  • U.S. companies employing qualified foreign professionals for jobs that require a Bachelor's degree and specialized skills


Please refer to the LL.M. Law Group's immigration consultation procedures to begin.

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Question: I am running out of H-1B time. What will happen to my H-1B status if the Quota Backlog holds up my Green Card Application:

Answer: The AC21 legislation provided some relief in this area. If you have an approved I-140 and you are unable to proceed with the I-485 due to quota backlogs, the company is eligible to apply for extension of H-1B time, in increments of three years, on your behalf. Your dependentís H-4 status may also be extended.

If you are not the beneficiary of an approved I-140 petition, you may still be able to obtain extensions, in one year increments, as long as the labor certification or I-140 petition have been pending more than 365 days.

------------------------------------------
NEWS: Senate Defeats Attempt to Eliminate H-1B, Backlog Relief from Budget Reconciliation Bill
AILA InfoNet Doc. No. 05110340 (posted Nov. 3, 2005)

As background, the Senate Judiciary Committee, as part of the budget reconciliation process, held a markup on October 20 of a proposal to provide temporary relief from the H-1B visa blackout and the employment-based immigrant visa backlogs in exchange for increased fees on some petitions. Although it was vehemently opposed by some Members of the Committee, the proposal ultimately passed out of Committee by a strong 14-2 vote. The final package would:

  • Impose a new $500 fee on immigrant visa petitions for the EB-1, EB-2, and EB-3 categories.
  • Recapture unused employment-based visas from prior years for immediate allocation of up to 90,000/year.
  • Exempt spouses and minor children from counting against the annual cap on employment-based immigrant visas.
  • Allow individuals to apply for adjustment of status before an immigrant visa is deemed currently available. (Of course, approval could not occur until the visa number is available.)
  • Recapture approximately 300,000 unused H-1B numbers dating back to FY 1991. As a result of an amendment by Senator Feinstein, 30,000 rather than 60,000 would be available annually. (In other words, effectively raising the cap from 65,000 to 95,000 for at least 10 years.)
  • Impose a new fee on the recaptured H-1B visas so that the fees on the original 65,000 H-1B allotment remain unchanged but the additional 30,000 available annually carry an additional $500 fee.
  • Impose a new $750 fee on L-1 visas. (This was part of Senator Feinstein's amendment and was necessary to offset the reduction in revenue resulting from the limitation on recaptured H-1B numbers from 60,000 to 30,000.)

The Senateís package still must be reconciled in conference with the Houseís alternative budget reconciliation bill which, as noted above, imposes a $1,500 fee increase on L visas.


H1C Visa (Work Visa for Professional Registered Nurses):

The H1C visa category is appropriate for registered nurses who will work in areas designated by the Department of Health and Human Services as a "shortage area."

The LL.M. Law Group can help obtain an H1C visa for the following:

  • Hospitals and medical facilities designated to hire registered foreign nurses
  • Foreign nurses with an unrestricted license to practice nursing

Please refer to the LL.M. Law Group's immigration consultation procedures to begin.


H2A Visa (Temporary or Seasonal Agricultural Workers):

A foreign national may come to the U.S. temporarily to perform agricultural or seasonal work.

The LL.M. Law Group can help obtain an H2A visa for the following:

  • U.S. companies employing foreign workers to perform agricultural labor or services of a temporary or seasonal nature
  • Foreign agricultural workers with job offers from U.S. companies


Please refer to the LL.M. Law Group's immigration consultation procedures to begin.


H2B Visa (Work Visa for Temporary Nonagricultural Workers):

An H2B nonagricultural temporary worker is defined as "an alien who is coming temporarily to the United States to perform temporary services or labor, is not displacing U.S. workers capable of performing such services or labor, and whose employment is not adversely affecting the wages and working conditions of U.S. workers."

The LL.M. Law Group can help obtain an H2B visa for the following:

  • U.S. companies employing foreign nationals to perform temporary nonagricultural work for which no U.S. workers are available
  • Foreign athletes, trainers or artists
  • Skilled workers in crafts and trades


Please refer to the LL.M. Law Group's immigration consultation procedures to begin.


H3 Visa (Work Visa for Temporary Trainees):

An H3 trainee is a nonimmigrant who seeks to enter the United States at the invitation of an organization or individual for the purpose of receiving training in any field of endeavor, such as agriculture, commerce, communications, finance, government, transportation, but not physicians.

The LL.M. Law Group can help obtain an H3 visa for the following:

  • Multinational companies sending their foreign employees to the United States for training
  • Foreign nationals to receive training not available in their home country
  • Special exchange visitors receiving training to educate children with physical, mental or emotional disabilities


Please refer to the LL.M. Law Group's immigration consultation procedures to begin.

The LL.M. Law Group will work with you to arrive at an arrangement that is fair to all concerned.
 

 

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