Donald Trump’s Government is becoming very strict about the work visas that allow foreign workers to get employment in the US-based companies. But what he is forgetting is that the H-1B visas and L-1 visas have not only helped the foreign workers but also the employees of the United States.
It was not very long ago that after noticeable abates in H1-B visas, a lot of people started opting for L1-B visas. But even that didn’t seem to go well with the present Government. The strict rules and restrictions have not only been imposed on H-1B visas, but also on the L-1 visas, which is definitely going to affect outsourcing. Due to the restrictions imposed, the attention has been diverted to outsourcing and many other methods, such as investment visas.
Outsourcing refers to shifting some part of the business overseas. When due to the harsh laws, the employers cannot bring in the foreign professionals or find it difficult to do so, other means of getting their work done is by expanding its brand or shifting some of its areas to countries where they can find the required professional personnel. This is what is going to be the case in the United States if the restrictions on the H-1B and L-1 visas do not get a little lenient, which in turn will have a detrimental effect on the US economy.
Stuart Anderson, contributor to Forbes said that the companies would not stick in the United States after so much strictness and would rather choose to outsource. Economist and an author from the George Mason University, Tyler Cowen said that imposing such restrictions will cause the companies to opt for outsourcing which means that the employment opportunities in the United States will drop and the employment opportunities in the foreign lands will increase. He also added that outsourcing will not only affect the economy badly but it will also be disastrous for the reputation of the country all around the world. Anderson argues that the demand for skills among the US and foreign-born workers is on the rise and it makes sense to allow more IT work to be performed in the US.
Another trend that will gain popularity is the investment visa. EB-5 visas which are commonly known as investor visas have already come in the spotlight now. A person or a family looking forward to the investment visa need to invest one-million dollars in US commercial projects or half a million dollars in projects to increase employment opportunities in rural areas where the employment rates are low.
There are numerous benefits of opting for EB-5 visas, especially for the students studying in the United States. The families who can afford the investment opt for it as it allows their children to work freely in the companies of the United States without the need for H-1B visas. CanAm Investor Services’ chief compliance officer and CEO said that many families from India have been enquiring about the EB-5 visas after the restrictions were imposed on H-1B visas. He also added that by opting for the investment visa, the families cut down up to 10 years from the process of gaining a green card and moreover, it allows the children of such families to work without any hurdles, such as H-1B visas and L-1 visas.
H1-B is a working visa for individuals applying to work in the US. It is valid up to 6 years. Wonder what all documents you need to prepare beforehand in order to get an H1-B visa? Well, whether you are already in the US or are planning to head out to it, we are here with the most exclusive checklist for an H1-B VISA. If you are a student on F-1 Visa, the process of transition from F-1 Visas to H-1B Visas is right here! But for now, let us have a look at the Checklist for an H1-B VISA:
Checklist for an H1-B VISA
- Your current passport as well as any old passport you may have
- Your most recent photograph x 1
- Confirmation page of Form DS-160 with CEAC bar code that you submitted online.
- VISA Fees (To be paid in advanced)
- Original Appointment letter plus one photocopy
- I – 129 Petition Receipt #, printed on the approved Form I-129 petition along with a copy of the approval of your I-797 Form.
The supporting documents that will be required along with the mandatory documents are:
- Original Form I-129 plus one copy
- A letter from your employer which lists down your reason for hire and your anticipated duties.
- Letters of work experience from your previous employers which state your work history, the degree of experience and skill set.
- Original Degree certificates along with any mark sheet and/or transcript
- Related diplomas and certifications you have done.
- Photocopies of first, last and remarks page of your most recent passport
- All previous passports even if they have not been used for travel
- Any evidence of extension of legal status in the US
- Payroll stubs from your current or last place of employment and any income tax returns
For Returning Employees:
If you have previously worked in the US, then you will be required to submit the following documents as a part of the checklist For An H1-B Visa:
- Your IRS Form 1040 and W-2 Forms for all duration of employment in the US
- Your pay slips as well as monthly bank statements of the last 12 months
- A letter from petitioner, if applicable, stating reason for failure to pay approved wages in the specific duration
- Your resume
- The names, post and contact numbers of personnel managers at your current and previous places of employment
For First Time Applicants:
If you are a first-time applicant, then the following documents are also required:
- Names and contact information of the personnel managers at your current and previous places of employment
- Photographs of the inside as well as outside of the places of employment
- Names and contact numbers of at least 2 co-workers from your current as well as past places of employment
- A complete resume and cover letter describing the job description of the current place of employment
- Personal bank records for the past 6 months
- The photographs of the inside and outside of the company you are applying for in the US, as well as prospectus, brochures, and annual reports included
- Your resume and CV.
The presence of all of these documents, photographs, and copies are necessary if you want to have a smooth process of application for H1B Visa. Following this Chceklist for an H1-B Visa, prepare your U.S. Immigration Application Today!
The H-1B visas allow the United States companies to hire foreign graduate workers. It is a non-immigrant visa that brings in the talented personnel from all around the world to work in specialized fields in the United States companies. These specialized fields include IT, finance, accounting, architecture, engineering, mathematics, science, medicine.
According to studies and statistics, every fiscal year has an annual cap of 65,000 H-1B visas. Moreover, 20,000 petitions are filed annually for masters’ cap for beneficiaries with a U.S. master’s degree or higher.
On 20th July 2017, a teleconference was held in the Ombudsman office of the U.S Citizenship and Immigration Services. This was regarding the discussion of H-1B petition processing.
On 24th July 2017, USCIS announced that the processing will be resumed for some H-1B USCIS and Cap Exempt H-1B Petitions. This was an announcement that had to be effective immediately. Previously USCIS announced that H-1B petitions filed on behalf of physicians, under the Conrad 30 waiver program and interested government agency waivers, will head into the premium processing.
There are some conditions on which the premium processing will begin for H-1B USCIS and Cap Exempt H-1B Petitions. These conditions are; petitioner should be a higher education institution, petitioner should be affiliated with an institute of higher education or it should be a governmental nonprofit research organization. Another condition on which the premium process could begin is whether the petitioner is employed at a qualifying cap-exempt organization. These are in a way conditions for eligibility of a beneficiary.
If the petitioners fulfill any of the above-mentioned conditions, then and only then must they file a request for Premium Processing Services via Form I-907 for the petition for a nonimmigrant worker, Form I-129. The H-1B petition can be filed along with the form I-907. Form 1-907 can also be filed again for a pending H-1B petition. Furthermore, other H-1B petitions will head into premium processing as permits for the workload.
After USCIS begins accepting premium processing for the petitions, it will give out specified details and announce more regarding the H-1B visas. For the time being, the premium processing has been suspended on a temporary basis.
Here are some precautions that one must take when filing forms for premium processing; Wait until the U.S Citizenship and Immigration Services begin accepting the petitions. If sent before that, the forms will be rejected. Do not submit a single combined check for the fees of Forms I-907 and I-129 as such forms will be rejected immediately.
For more information on USCIS and its programs, please visit www.uscis.gov.
Getting a VISA to the US is nearly everyone’s dream at one point to become a part of the nation of freedom and independence. Though there are different categories of getting a permanent residency at the US, usually work permits in the US are graded as H1B. In case you want to change your job while still being on a H-1B visa, there is a provision for that as well. Those who own H1B VISA are able to live and work in the US for 6 years, after which they may either go back to their native country or re-apply for VISA as a permanent resident.
Following are the steps that need to be taken in order to turn H1B VISA into a Green card. Bear in mind that only a sponsor employer can help you change your work permit from H1B to a permanent residency, so before you take any step, ensure your employer is willing to assist you.
Step 1: Labor Certification by PERM
The first step is Program Electronic Review Management (PERM) which is a necessity in obtaining a work based Green Card (categories include EB2 and EB3). When Department of Labor or DOL approves the PERM request, the next step involves filing a green card petition which is done by the sponsoring employer.
Following are a part of the PERM Labor Verification:
Prevailing Wage Determination:
The PWD requires providing details of the employee regarding his job description, requirements and location. The DOL then issues a PWD which the employer will have to use as the base salary requirement in the PERM phase and after.
In this phase, the employer has to go through a recruitment phase where they publish an advertisement, usually of the same job, to see whether an already existing American worker is able to do the same job or not. The process involves posting the job in two Sunday newspaper job section, one posting in the State’s workforce agency and any three other advertisements.
ETA Form 9089:
Once the PWD and the recruitment phases are completed, the employer will have to file an ETA Form 9089 to DOL, which is Application for Employment. This can be done either through the mail or electronically.
Step 2: Immigrant Petition for Alien Worker
When the ETA Form 9089 gets approved, the sponsoring employer must file the Form I-140. Here is the “Ability to Pay” requirement for PERM and I-140 petitions. This sets the ground for the fact that the employee is eligible for an immigrant visa and the employer has enough resources to pay wages which are inscribed in the PERM stage. This form can be filed simultaneously to the I-485 Form which is for Adjustment of Status (known as concurrent filing).
Step 3: Adjustment of Status
This is the final stage for applying for permanent residency. Also known as the Adjustment of Status, it is done by filing the I-485 Form. Once the form gets approved, the employee will initially get a stamp on his passport and will later be handed the physical green card. If the employee wishes, he or she can also file for the EAD or the Employment Authorization Document and the Advance Parole.
Congratulations you have successfully gone from an H1B VISA to a Green card!