H-1B Visa News

Introduction

On August 13, 2010, President Obama signed Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees.  The following Questions and Answers provide public guidance concerning the additional fees.

Questions and Answers

Q1. What is Public Law 111-230? 
A1. Signed by President Obama on August 13, 2010, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions.

On August 13, 2010, President Obama signed into law Public Law 111-230. The new law contains provisions that require petitioners to pay an additional $2,000 for certain H-1B petitions and an additional $2,250 for certain L-1 petitions. To begin public outreach on this legislation, USCIS held a teleconference on August 19, 2010 to share how USCIS will implement it.

USCIS Annual Report on Characteristics of Specialty Occupation Workers (H-1B) for Fiscal Year 2009 to Congress. The report includes information on countries of origin and occupations of, education levels attained by, and compensation paid to H-1B beneficiaries.

Please check the attached document.

The elaws Advisors are interactive e-tools that provide easy-to-understand information about a number of federal employment laws. Each Advisor simulates the interaction you might have with an employment law expert. It asks questions and provides answers based on responses given.

Both employees and employers can benefit from elaws.

OASP News Release: [05/13/2010]
Contact Name: Lina Garcia
Phone Number: (202) 693-4661
Release Number: 10-0563-NAT

US Labor Department unveils new tool to help employees and small businesses understand foreign worker certification

Online advisor clarifies rights and responsibilities under H-1B visa program

 U.S. Citizenship and Immigration Services (USCIS) announced it continues to accept H-1B nonimmigrant petitions subject to the Fiscal Year 2011 (FY 2011) cap. USCIS will monitor the number of petitions received for both the 65,000 general cap and the 20,000 U.S. master’s degree or higher educational exemption.

USCIS has received approximately 13,500 H-1B petitions counting toward the 65,000 cap. The agency has received approximately 5,600 petitions for individuals with advanced degrees.

The H-1B Program

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.

For more information about the H-1B program, see the link to the left under temporary workers for H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models.

U.S. Citizenship and Immigration Services (USCIS) announced that it will not extend the period in which it temporarily accepted H-1B petitions filed with uncertified Labor Condition Applications (LCAs).

Due to processing delays associated with Department of Labor’s (DOL) “iCERT” system, USCIS responded to requests from the public and temporarily allowed H-1B petitions to be filed with uncertified LCAs. This temporary measure went into effect on November 5, 2009 and expired on March 9, 2010.

U.S. Citizenship and Immigration Services (USCIS) announced  that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010.  Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked.

The fiscal year cap (numerical limitation on H-1B petitions) for FY 2011 is 65,000.  Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master’s degree or higher are exempt from the H-1B cap.