Emp Law practicum

HI-TECH AND IMMIGRATION : PROBLEMS AND PROSPECTS OF H-1B VISAS AND OTHER PROGRAMS: 

HI-TECH AND IMMIGRATION : PROBLEMS AND PROSPECTS OF H-1B VISAS AND OTHER PROGRAMS Presented by: Kamakshi Kaul

Introduction: 

Introduction Every year thousands of people immigrate to the US from around the world to seek a better life. However immigrating to the US is not as easy as it used to be. Employers are strictly required to verify the legality of those coming to work for them (“employment verification”) and, if they wish to hire workers from outside the U.S. with skills for which there is a shortage, they must obtain visas for those workers (“skilled worker visas”). The whole process of immigration has become difficult, time consuming and simply out of reach for many who aspire to live and work here.

Who can sponsor visas for immigrants : 

Who can sponsor visas for immigrants A U.S. citizen relative(s). Prospective employer.

Types of work visas: 

Types of work visas L-1 visas are issued to foreign employees of a corporation. TN-1 visas are part of the North American Free Trade Agreement (NAFTA), and are issued to Canadian and Mexican citizens. E-3 visas are issued to citizens of Australia under the Australia free-trade treaty. H-1B1 visas are issued to residents of Chile and Singapore under the amended NAFTA treaty.

Cont..: 

Cont .. H-2B nonimmigrant program permits employers to hire foreign workers to come to the U.S. and perform temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent. H-1B Visa is the most common of all work visas in America . This presentation focuses on H-1B visa in the coming slides.

What is an H-1B visa?: 

What is an H-1B visa? The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101. It allows U.S. employers to temporarily employ foreign workers in specialty occupations . The regulations define a "specialty occupation" as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor

H-1B visa Requirements / Qualifications: 

H-1B visa Requirements / Qualifications An applicant must have ONE of the following: A Bachelor's degree or Masters Degree (or the foreign equivalent degree from one’s Country), OR 12 years work experience, OR A mix of further education (e.g. 2 year Degree/Diploma) plus six years work experience. The general H1B visa qualification rule is: For every 1 year of studies at University / College = 3 points For every 1 year of work experience = 1 point The H-1B visa requirements are the same for everyone, from every Country. 12 points in total are required to qualify for the H-1B visa program.

How to obtain an H-1B visa?: 

How to obtain an H-1B visa? To obtain an H-1B visa, an applicant must find a job with an H-1B visa employer company in the USA; commonly known as 'H-1B sponsor'. Recent H-1B legislation requires employers, called H-1B dependent employers to advertise positions in the USA before petitioning to employ H-1B workers for those positions. H-1B sponsor then applies for / files an applicant’s H-1B visa application. Individuals can NOT sponsor or apply for their own H-1B visa - ONLY an employer (sponsor) can. It typically takes 3-4 months for the USCIS to issue an H-1B visa .

Cont..: 

Cont.. Premium Processing Service will provide American businesses with the opportunity to obtain faster processing of a petition to meet their needs for a foreign worker. Once the H-1B visa petition is approved an applicant can start working in the company.

Advantages of H-1B visa employment: 

Advantages of H-1B visa employment Green Card: The H-1B professionals may simultaneously seek Lawful Permanent Residency or a Green Card for themselves and for their family. Multiple H-1B visas: In most cases, there are no limits to the number of H-1B visas an individual may have in their lifetime. Cost of early dismissal: The employer must agree to pay the foreign national the reasonable cost of transportation to go back to his/her home country if the employer terminates employment prior to the end of the authorized employment period. The foreign national will then go back to his/her home country.

Disadvantages of H-1B visa employment: 

Disadvantages of H-1B visa employment Temporary Duration: Because of the H-1B visa's temporary nature, individuals who seek H-1B visa must have the intent to remain in the U.S. only temporarily. However, individuals who seek H-1B visas need not maintain a foreign residence and may later petition for Lawful Permanent Residence. If a petition for Lawful Permanent Residence is not made or the petition for Lawful Permanent Residence is denied, the H-1B worker will be required to return to his/her home country at the end of the authorized employment period. The H-1B Cap: An annual numerical limit is imposed on the number of H-1B visas issued during a fiscal year. Currently the cap is 65,000. The quota only applies to new H-1B applications, and does not apply to H-1B status holders who are seeking extensions or change of employer

Advantages to America: 

Advantages to America Highly educated, foreign-born professionals bring tremendous benefits to the U.S. economy – and at no cost to American taxpayers. They are innovation drivers, revenue generators and intellectual property powerhouses who create economic opportunities and jobs for all Americans. America can strengthen its economy by welcoming more highly valued International professionals

Cont..: 

Cont.. H1B employees put their skills to maintain the competitive edge of America Immigrants contributed to more than a quarter of US global patent applications. H-1B employees pay Social Security and Medicare taxes as part of their payroll just as for any other US citizen and contribute to the US economy

Immigrants have founded hundreds of thousands of US Companies, across all industry sectors (including co-founding Google, Intel, Sun, eBay and Yahoo). Some examples are: : 

Immigrants have founded hundreds of thousands of US Companies, across all industry sectors (including co-founding Google, Intel, Sun, eBay and Yahoo). Some examples are: Andy Grove, Intel's former chairman and CEO, was born in Hungary in 1936 and immigrated to the United States in his 20s. Jerry Yang, co-founder of Yahoo, was born in Taipei, Taiwan, and moved to San Jose, Calif., with his family as a child. Sergey Brin , who co-founded Google, came to the United States from his native Russia when he was 6

Criticism associated with H1B visa: 

Criticism associated with H1B visa Employees made to pay H1-B sponsorship costs No labor shortages Relatively low skills required Wage depression Hidden costs and risks for employers Risks for employees Fraud by Employers and Applicants

Facts about H-1B visa: 

Facts about H-1B visa Every year government allows just 65,000 skilled workers to enter the country legally—far fewer than the industry says is optimal. The spouse of a H-1B visa holder who generally comes on H-4 (dependent) visa cannot work in the United States. Less than .1% of the American workforce is comprised of H-1B foreign nationals. Generally, most H1B applicants are doctors, engineers, professors, accountants, lawyers, physical therapists, and computer professionals.

Cont..: 

Cont .. For firms of 50 employees, an H-1B dependent employer is defined as having more than 15% of their employees in H-1B status. Smaller firms are allowed to have a higher percentage of H-1B employees before becoming 'dependent'.

Top 25 H-1B visa Sponsors -2011 H-1B visa report: 

Top 25 H-1B visa Sponsors -2011 H-1B visa report Rank H-1B visa sponsor H-1B visa petitions 1 Microsoft 2,505 2 IBM 1,263 3 Infosys Technologies 1,058 4 Deloitte Consulting 887 5 Fujitsu Laboratories Of America 747 6 Cognizant Technology Solutions 645 7 Patni Americas 540 8 CVS Pharmacy 499 9 Qualcomm 472 10 Larsen Toubro Infotech 418 11 Intel 404 12 Wipro 403

Cont…: 

Cont … Rank H-1B visa sponsor H-1B visa petitions 13 Goldman Sachs 387 14 Oracle 376 15 Barclays Capital 366 16 Google 355 17 Hewlett Packard 340 18 National Institutes Of Health 338 19 UST Global 317 20 Tata Consultancy Services 311 21 Yahoo 308 22 Ernst Young 303 23 JPMorgan Chase 293 24 Management Health Systems 276 25 Satyam Computer Services 265

The H-1B visa and Green Card programs both help to generate, and, to keep jobs in America. Many US employers warmly welcome, want and need more skilled and educated Foreign professionals.: 

The H-1B visa and Green Card programs both help to generate, and, to keep jobs in America. Many US employers warmly welcome, want and need more skilled and educated Foreign professionals.

Source: 

Source http://en.wikipedia.org/wiki/H-1B_visa http://travel.state.gov/visa/immigrants/types/types_1326.html http://www.h1base.com/content/h1bvisarequirements http://www.h1base.com/ http://faq.visapro.com/H1B-Visa-FAQ4.asp http://www.myvisajobs.com/Reports/Top-Visa-Sponsor-2011.aspx http://www.myvisa.com/Visasage/h1bfaq.htm

Email I.D – kamakshi.kaul@gmail.com THANK YOU: 

Email I.D – kamakshi.kaul@gmail.com THANK YOU