Every year, U.S. employers seeking highly skilled foreign professionals submit their applications for the pool of H-1B visas made available by U.S. Citizenship and Immigration Services (USCIS) on April 1. With a statutory limit of 65,000 visas available for new hires—and 20,000 additional visas for foreign professionals who graduate with a Master’s or Doctorate from a U.S. university—in recent years demand for H-1B visas has outstripped the supply and the cap has been reached quickly. This fact sheet (by the American Immigration Council) provides an overview of the H-1B visa category and petition process, addresses the myths perpetuated about the H-1B visa category, and highlights the key contributions H-1B workers make to the U.S. economy.
USCIS Will Accept H-1B Petitions for Fiscal Year 2017 Beginning April 1, 2016
USCIS confirmed to AILA (American Immigration Lawyers Association) that standard procedures will apply for the FY2017 lottery: If more than enough H-1Bs are received during the first 5 business days in April, a random lottery will be conducted for petitions received during that time period for first the master’s and then the regular cap.
New Bi-Partisan Bill Push For H-1B, L-1 Visa Reforms
A new Bi-Partisan Bill introduced by Senators Grassley and Durbin is pushing for H-1B, L-1 Visa Reforms.
U.S. Senators Chuck Grassley, Chairman of the Senate Judiciary Committee, and Dick Durbin, Assistant Democratic Leader, today are introducing bipartisan legislation that would reform the H-1B visa program, consistent with Congress’s original intent, by ensuring that qualified American workers are given the first opportunity at high-skilled job opportunities. The legislation makes reforms to increase enforcement, modify wage requirements and ensure protection for American workers as well as visa holders. Grassley and Durbin first introduced this legislation in 2007 and have been long-time proponents of H-1B reform.
Visa Fees Expire for Certain H-1B and L-1 Employers
H-1B petitioners/employers that employ >50 employees in the United States with more than 50% of their employees in the United States in H-1B, L-1A or L-1B nonimmigrant status, were required to pay an additional fee of $2000 per applicant. This provision was initially due to sunset on October 1, 2014, but extended through September 30, 2015 by Pub. L. 111-347. Now, with September 30,2015 passing, no mention of extension of this provision as of today.
Employment Authorization for Certain H-4 Dependent Spouses
Beginning May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, as long as the H-1B nonimmigrant has already started the process of seeking employment-based lawful permanent resident (LPR) status. Specifically, H-4 dependent spouses may apply for employment authorization if the H-1B nonimmigrant:
- Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
- Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21). AC21 permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.
The Employment Authorization for Certain H-4 Dependent Spouses final rule (H-4 rule), effective on May 26, 2015, seeks to support the goals of attracting and retaining highly skilled foreign workers and minimizing the disruption to U.S. businesses resulting from H-1B nonimmigrants who choose not to remain in the United States and pursue LPR status.