Proposed Changes to H1B Visas
The US H1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as in architecture, engineering, mathematics, science, and medicine. Under the visa a US company can employ a foreign worker for up to six years.
Applying for a non-immigrant visa is generally quicker than applying for a US Green Card, but under the terms of the H1B, the foreign employee can subsequently apply for a Green Card and become a permanent resident. If an employer is willing, it can sponsor a foreign employee currently on H1B status for a green card and/or permanent citizenship. As a result, the H1B category is highly advantageous for any specialized workers willing to be employed in the US.
Recently, changes proposed by the Obama administration will allow spouses of H1B visa holders to work in the US. Under existing regulations, the Department of Homeland Security doesn’t extend employment authorization to spouses of H1B visa holders, who often have specialized skills in engineering, programming and other high-tech fields. Moreover, US companies are capped at sponsoring a total of 65,000 foreigners with at least a bachelor’s degree for the H1B visa. Once that limit is reached, the USCIS randomly selects applications to be considered for visas through a lottery. The new legislation will not only increase the cap on H1B visas to 180,000 depending on economic conditions and demand, but will also authorize spouses of H1B visa holders to seek work in the US.
This is excellent news for all US employers with an international workforce as well as qualified foreign workers seeking employment in the United States. Importantly, however, the current shortage of H1B visas has greatly impacted India’s outsourcing companies in the United States, who have recently been hiring locally to offset an imbalance of foreign workers. However, Indian IT firms, for example, find it hard to find skilled U.S. workers as unemployment in the technology sector in the U.S. is lower than 3%. Therefore, this legislation should be welcome news for Indian employees seeking work in the technology sector.
If you are a foreign worker interested in pursuing an H1B, or a US company seeking international employees, our experienced attorneys are eager to help you in your endeavor. Our team has a track record of successful applications, extensions, and change of status. Give us a call today to begin immediately
Thank You,
John B. Buda, Esq. www.budalawgroup.net office: 310-452-1872 john.buda@budalawgroup.net 3301 Ocean Park Blvd. Suite 205 Santa Monica, CA 90405
