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.

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.     

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

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.

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

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 6^th 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.

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