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

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.

Foreign Employment: Pain Point Part - 1

• American work visa sponsors bind their sponsored employee via elaborate employment contracts, prohibiting them the freedom to find work elsewhere. 
• America’s ‘staffing only’ firms (similar to HR agencies), can also sponsor a work visa for a citizen from abroad. In terms of recruitment, the term ‘employer’ therefore is ambiguous and misleading for a worker in India, to whom the complexities of ‘dual employment’ overseas are largely unknown.    
  

PROVE (Professional Registry of Verified Employers) offers an open transparent system where workers are sought by employers globally, against them being pushed by greedy corporate from India. The registry helps fill in the gap of information that the Indian Knowledge Workers heading abroad face when it comes to knowing their rights.