Wednesday 22 June 2016

American Work permit – Official Rules & Regulations of American Work Visa

Circumstances under which one can extend their H1B status



American competitiveness in the Twenty-First Century Act of 2000 provides for such extensions in two circumstances:
Under the new law American Competitiveness in the Twenty-First Century Act of 2000 section 104(c): a beneficiary of an employment based first, second or third preference petition who is eligible for permanent resident but for the application of the per country limits may obtain extension of the H1B status until the adjustment of status is decided. An H1B status can be renewed in one-year increments for the beneficiaries of any employment based petition until adjustment processing is completed as long as 365 days or more have elapsed since the labor certification application or immigrant petition was filed.
American Competitiveness in the Twenty-First Century Act of 2000 gives some advantages to people in adjustment of status over people in consular processing, but at least one of the law’s benefits may be usable in either context:
“The section 104(c) extension beyond the sixth year for individuals with employment based immigrant petitions filed but priority dates not current appears to be available only in the context of an adjustment of status”.

“The section 106(a) provision for extending H1Bs beyond the sixth year when permanent residence processing has taken too long can be read to apply whether the individual pursues adjustment or consular processing, since one can become eligible for its benefits if the petition has been filed”.


American Work permit – Official Rules & Regulations of American Work Visa

Discrimination or Document Abuse Prohibited



While it is the responsibility of the employer to ensure that the regulations are met, the employer cannot discriminate against aliens. Discrimination or document abuse involves asking too many questions or asking for more than the required number of documents to prove work authorization. For example, requiring additional documents from a person with a foreign name or a foreign accent could amount to discrimination. Employers must walk a fine line between following the law and being overly cautious; making assumptions which can result in discrimination.
The major responsibility of an employer, whether the new employee is an alien or a US worker, is to complete the “Employment Eligibility Form” or the I-9, as it is commonly known.

The I-9 form helps the Immigration and Naturalization Service (CIS) in enforcing immigration laws. An employer may not knowingly or unknowingly hire an illegal work. This is punishable by law. An I-9 can be used as evidence against an employer who fails to properly complete and store the forms, whether or not any of the employees are illegal aliens. Civil and criminal penalties may be levied against employers for violating rules.

American Work permit – Official Rules & Regulations of American Work Visa

Wage Requirement and the Prevailing Wage Rate Information



The prevailing wage rate is defined as the average wage paid to similarly employed workers in the requested occupation in the area of intended employment.
The Immigration and Nationality Act (INA) requires that the hiring of a foreign worker will not adversely affect the wages and working conditions of US workers working in the occupation in the area of intended employment. One of the major ways of ensuring this is by the regulatory requirement that the wages offered on labor certification applications must be the prevailing wage rate for the occupational classification in area of employment.

The requirement to pay prevailing wages, as a minimum, is true of virtually all employment based visa programs – permanent and temporary. However, in certain programs, such as H1B (temporary specialty occupations), the employer is required to pay the prevailing wage or the actual wage paid by the firm to worker with similar skills and qualifications, whichever is higher.     

American Work Permit - Official Rules & Regulations of American Work Visa

An overview of Specialty Occupation



The H1B status is for foreign workers who will hold specialty occupations. A specialty occupation is one which “requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation and which requires the attainment of bachelor’s degree or higher in a specific specialty as a minimum for entry into the occupation in the United States.” Thus, there are two requirements: First the employer must demonstrate a need for someone in a specialty occupation as the minimum capability to perform the job; and second, the foreign national must have the required degree, or its equivalent, in a subject closely related to the position. Under the regulations, the need for a person in a specialty occupation can be shown by one of the following:
1] Hold a US baccalaureate or higher degree required by the specialty occupation from the accredited college or University;
2] Hold a foreign a degree determined to be equivalent to US baccalaureate or higher degree required by the specialty occupation from the accredited college or University;
3] Hold an Unrestricted State license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engagement in that specialty in the state of intended employment; or

4] Have education, specialized training and/or progressively responsible experience that is equivalent to completion of a US baccalaureate or higher degree required by the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty. 

American Work Permit - Official Rules & Regulations of American Work Visa


The H1B Visa is the most common type of visa used by American employers to obtain employment authorization for foreign workers. The H1B is very popular because it enables American employers to hire educated and or experienced foreign workers to come work in the United States. In the computer and high tech sectors the H1B sectors is an essential business tool. The H1B is particularly desirable because the American employer can obtain the H1B without establishing that there is shortage of qualified American workers.
Although the H1B is a non-immigrant visa, it permits its holder to possess “dual intent”, that H1B holders are permitted to possess dual intent is very advantageous. The right to dual intent enables H1B holders to apply for immigrant visas without validating their H1B non-immigrant visa. Indeed many H1B holders ultimately are able to obtain permanent Resident status or Green Card through their employment in the United States. Ordinarily non-immigrant visa applicants and visa holders are expected to have non-immigrant intent and must establish that they will return to their home country upon expiration of their non-immigrant visa such as in the case of a student (F1) visa.







Saturday 18 June 2016

American Work permit – Official Rules & Regulations of American Work Visa



Provisions made under the American Competitive Act for the H1B temporary worker
The Immigration Act of 1990 imposed the 6-year rule. H1B status is valid for a maximum of six years. As with every rule there are certain exceptions. Changing from H to L status at the end of the 6th year cannot extend the 6 years. It may, however, be possible to change to L status earlier.

Ability to start work upon filing the H1B petition
Prior to October 17, 2000, an H1B beneficiary was not allowed to work until the CIS had approved the H1B petition. Under ACTA, a person who is already in H1B status is allowed to accept new employment and start working for the new employer immediately upon filing the H1B petition as long as the person satisfies all of the following three criteria:
1] Has been lawfully admitted to the U.S.,
2] Filed a non-frivolous H1B or other non-immigrant petition which is pending for new employment; and
3] Has never been employed without authorization in the U.S. before the filing of the H1B petition.





Friday 3 June 2016

Foreign Employment: Pain Point Part - 3









When it comes to seeking an employment overseas, the market is saturated with fraud by broker agents that charge cash for visa, and often do not file a work petition for citizens from abroad. PROVE (Professional Registry of Verified Employers) therefore, cross verify both the job seeker as well as the overseas employer.
Advantages to the Worker:
  •             Being sought against being pushed for employment overseas
  •             Employment Opportunities void of broker intervention
  •        Opportunity to earn maximum dollar value for earned skills, education and experience
  •        Opportunity for freelancers and existing employees of organizations to reach foreign employers direct one-on-one
Advantages to the Employer:
  •          An Open transparent network that tackles fraud at its source, No resume required.
  •          Workers specify the minimum salary expected, minimizing multiple brokerage of talent
  •          Companies “make an offer’ giving the worker the right to accept or deny an offer
  •          Companies post job requisitions for free and receive most relevant candidates - a work visa   is a function of a job, thus eliminating fraudulent job offers.

Foreign Employment: Pain Point Part - 2






The brokerage of Intellectual Capital drives down wages, and foreign guest workers are often underpaid. Multiple layers of broker agencies, that earn a per hour commission of their visa sponsored employee create a grey market. Large scale grey market with invisible recruitment happening online to poach workers from India is a growing concern. Knowledge Workers have a need to receive the right information at the right time from the right source that will help them make an informed decision without the intervention of a broker agent in the rapidly changing knowledge economy. So, whether it is a job seeker that needs to verify an employment offer made by a foreign employer or the recruiter overseas that questions job seekers professional experience in India, PROVE (Professional Registry of Verified Employers) therefore,  fulfills the needs of the Foreign Employer and Indian Worker.