An overview of a specialty occupation.

                

           TheH1B status is for foreign workers who will hold specialty occupations. A specialty occupation is one which "requires the theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation AND which requires the attainment of a 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:

a) A bachelor's or higher degree is normally the minimum requirement for entry into the particular position;

b) The degree requirement is common in the industry in parallel positions among similar organizations, or the position is so complex or unique that only an individual with a degree can perform it;

c) The employer normally requires the degree for the position; or

d) The nature of the duties is so specialized and complex that knowledge required to perform them is usually obtained through a bachelor's level or higher education.

            Certain occupations have no trouble meeting this definition since specialty occupations are deemed to include "professions." The term "profession" shall include but not be limited to architects, engineers, lawyers, physicians, surgeons and teachers in elementary or secondary schools, colleges, academies or seminaries. These occupations would easily qualify for H-1B status. Additionally, the CIS now recognizes computer systems analyst, computer engineers, and certain management positions as specialty occupations.

New UK visa pilot allows students extend their stay to six months.

         

   A new pilot project has been started at three well known British universities that allows the Indian and other non-EU students a little extra time to find employment after their education ends. It has received a cautious welcome, as it does not address the real issue.

            The Home Office introduced these visa policy updates in July for academic years starting September 2016 and September 2017, under which non-European Union students will be able to remain in Britain for six months after their course ends.

            This pilot is applicable for the postgraduate students at the universities of Oxford, Cambridge and Bath, and the Imperial College. The closure of the two-year post-study work visa in 2012 was considered one of the key reasons for a sharp drop in the number of Indian students coming to British universities in recent years. Self-financing students used the work visa to recover some of the academic expenses.

Under the current rules, non-EU students are allowed a two-month stay after the course ends; the pilot extends this duration to six months. Official sources said the pilot also seeks to streamline the student visa process for all the non-EU students.

            Employers seeking to hire a non-EU student need to pass a “Resident Labor Market” test, under which they need to demonstrate that, there is no one in Britain or the EU who could do the job advertised. The test makes it extremely difficult and costly for employers to take on international students, and these things are the crux of the issue, not necessarily the time element. Regardless it’s a welcome move, but the actual impact on international student employment rate remains to be seen. Several higher education stakeholders, including universities, have lobbied unsuccessfully with the government to restore the post-study work visa.

          About the author - PROVE (Professional Registry Of Verified Employees) is a new labor oriented service promoted by National Organization for Software and Technology Professionals (NOSTOPS), to help fill in the gap information that the Indian Knowledge worker heading abroad face when it comes to knowing their Rights.

Problems our Indian working class faces while going abroad.

India receives the highest amount of remittances in the world, it received US $66.30 billion in the year 2014-15. It is one of the main reasons that India could survive the recession that saw many big economies collapse. The biggest share we receive is from the Gulf countries, where the majority of the remittance comes from the low skilled or unskilled labor workers. Despite their invaluable contributions to our country, many Indian migrant workers continue to face exploitative working conditions, forced labor, non-payment of wages and other forms of human rights abuse that sometimes plunge them into slavery-like conditions. Let’s take a look at the hassles our working class employees faces,

- Deception by visa brokers and recruiting agents:

         They are victims of various forms of deception and trickery at the recruitment stage. These include excess charges for visas and other travel documents, processing of fake travel documents without informing the workers of their illegitimate status, recruitment for non-existent jobs, misrepresenting the job and working conditions, providing falsely inflated loans that lead to situations of bonded labor. We have heard countless stories of migrant workers landing in the wrong country and being stranded there, being jailed for having the wrong documents, finding their salary or work conditions are not what they were promised. This is compounded by:

- Lack of awareness of pre-departure training:

         Lack of authentic and timely information relating to overseas employment, recruitment agencies and immigration procedures makes workers dependent on intermediaries and vulnerable to exploitation. And,

- Lack of access to remedies:

         The power differential between workers and recruiting agents makes it difficult for workers who face abuse to secure justice. Enforcement mechanisms are not strong enough and complaints registered rarely lead to convictions.

          These are some of the major problems that are faced by the working class employees while they are going abroad.

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”.

 To read more download American Work permit – Official Rules & Regulations of American Work Visa

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.

To read more download American Work permit – Official Rules & Regulations of American Work Visa

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. 

To read more download American Work permit – Official Rules & Regulations of American Work Visa