H-1B Exemptions Sought

Eweek | 11/22/04 | Caron Carlson

[No_Doll_i]

The tech industry is redoubling its lobbying efforts to raise the cap on the number of foreign nationals permitted to fill skilled jobs in the United States. With slim hope of seeing legislation passed this year exempting the industry from visa limits on foreign workers, IT companies are setting the groundwork for the next Congress to raise the cap further.

http://www.eweek.com/article2/0,1759,1730306,00.asp

[No_Doll_i]

Due to restrictions I only posted the first paragraph. Please follow the link for the rest of the article.

Comments?

[mvpel]

Maybe instead of redoubling its lobbying efforts, the industry should redouble its efforts to re-hire the tens of thousands of American tech workers who were laid off in the past 3-4 years.

[No_Doll_i]

H-1B

[Little Pig]

I find it hard to believe that the "IT companies" are really having this much trouble finding workers. Every IT job I have applied for recently has dozens and dozens of respondants, and most are at least qualified if not over-qualified. Granted, more than a few of these applicants still have their salary levels stuck in 1998, but not all of them by a long shot.

[No_Doll_i]

Agreed. Being in the industry myself there is no evidence to support the "we can't find qualified people" argument.

I guess they think we should all work for H-1B wages and live in mud huts.

[NY Attitude]

I agree. Currently I am in San Jose and have seen first hand the effects of the H1-B Visa fiasco. We really need to reverse this process.

[longtermmemmory]

Below are the FAQ from the BCIS website (formerly INS)

Just some background data for all. Link listed below.

=snip-=


What is an H-1B?

The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability.

What is a specialty occupation?

A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.

Is there an annual limit on the number of H-1B aliens?

Yes. The current law limits to 65,000 the number of aliens who may be issued a visa or otherwise provided H-1B status in FY2004. (The numerical limitation was temporarily raised to 195,000 in FY2001, FY2002 and FY2003.)

How does one apply?

H-1B status requires a sponsoring U.S. employer. The employer must file a labor condition application (LCA) with the Department of Labor attesting to several items, including payment of prevailing wages for the position, and the working conditions offered. The employer must then file the certified LCA with a Form I-129 petition plus accompanying fee of $130. (Prior to FY2004, employers were required to submit an additional $1,000 fee to sponsor the H-1B worker, unless specifically exempt.) Based on the USCIS petition approval, the alien may apply for the H-1B visa, admission, or a change of nonimmigrant status.

For additional information on employer’s filing needs, please visit the Department of Labor’s Foreign Labor Certification page.

How long can an alien be in H-1B status?

Under current law, an alien can be in H-1B status for a maximum period of six years at a time. After that time an alien must remain outside the United States for one year before another H-1B petition can be approved. Certain aliens working on Defense Department projects may remain in H-1B status for 10 years. In addition, certain aliens may obtain an extension of H-1B status beyond the 6-year maximum period, when:

365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the alien to obtain status as an EB immigrant, or


365 days or more have passed since the filing of an EB immigrant petition.


Who can an H-1B alien work for?

H-1B aliens may only work for the petitioning U.S. employer and only in the H-1B activities described in the petition. The petitioning U.S. employer may place the H-1B worker on the worksite of another employer if all applicable rules (e.g., Department of Labor rules) are followed. H-1B aliens may work for more than one U.S. employer, but must have a Form I-129 petition approved by each employer.

What if the alien’s circumstances change?

As long as the alien continues to provide H-1B services for a U.S. employer, most changes will not mean that an alien is out of status. An alien may change H-1B employers without affecting status, but the new H-1B employer must file a new Form I-129 petition for the alien before he or she begins working for the new employer. The merger or sale of an H-1B employer’s business will not affect the alien’s status in many instances. However, if the change means that the alien is working in a capacity other than the specialty occupation for which they petitioned, it is a status violation.

Must an H-1B alien be working at all times?

As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

Can an H-1B alien travel outside the U.S.?

Yes. An H-1B visa allows an alien holding that status to reenter the U.S. during the validity period of the visa and approved petition.

Can an H-1B alien intend to immigrate permanently to the U.S.?

Yes. An H-1B alien can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident status without affecting H-1B status. This is known as "dual intent" and has been recognized in the immigration law since passage of the Immigration Act of 1990. During the time that the application for LPR status is pending, an alien may travel on his or her H-1B visa rather than obtaining advance parole or requesting other advance permission from Immigration to return to the U.S.

http://uscis.gov/graphics/howdoi/h1b.htm

[No_Doll_i]

yeah it seems like the only sure way to get a job at the moment is to have an active clearance, 5 degrees and be willing to work for what you were making out of college.

[No_Doll_i]

Wow,

Thanks for the info!

[No_Doll_i]

BTW what the hell are H-1Bs doing working on anything gov't related, especially DoD. Sheesh you DO need clearance for those and I am damned if anyone here can get one without serious sponsership or waiting 18 months.

[longtermmemmory]

like verner von bruan who helped to build the Saturn V moon rockets? (then again he had nowhere to go back to.)

seriously, I agree with you. In this day and age of chinese spys working in los alimos, security still seems and afterthought to legal immigration issues.

[NY Attitude]

There is a very large employer here that employs a large number of TCNs that are on H-1B visas. This particular firm provides services to the DoD.

In this area there is a significant number of unemployed Americans that certainly could fill those positions.

[1stFreedom]

Wow... Wages have dropped, competition is fierce, and they want to bring in more foreign workers?

In my recent job search experience, employers are asking for the world in terms of experience and skills, and are not willing to pay top dollar for it. They often hold out on hiring for a position for several months until the right "bang for the buck" candidate shows up.

Allowing more H1B's in will only hurt things, and keep wages low -- which in return hurts the economy.

[No_Doll_i]

Yeah, for me it is not only the fact the qualified American citizens can't get the work, but that the gov't is paying H-1Bs to steal the technology.

It doesn't take a rocket scientist to figure out where that is going. Between India and China we may as well just outsource all DoD and just wait til they decide to use it against us.

I will NEVER understand why this is not a hot issue. But then again... Follow the money and all becomes clear.

[longtermmemmory]

They have to advertise and show no american workers equal to the skills. The question is where do they advertise? Perhaps it is some legal notice newspaper which nobody reads.

[NY Attitude]

H-1B Visas are a type of indentured service. Since a employer hires you for a lower wage, you essentially report to them because he has sponsored you. Should that person try to leave his employers service, that person is reported to the INS and is thus deported.

[No_Doll_i]

I think their current ploy is to write the job description so that NO ONE could qualify for it and then when the H-1B is approved the job is suddenly filled with a person that has 1/3 of what was required.

The Engineering jobs being posted are insane. A lot of them would require a combanation of things that no one person could have.. and then they want to pay next to nothing. It it is a contract job they also want you to relocate with no per diem and on and on and on.

It is not a picnic out there right now.

[EEDUDE]

I have seen ads from contract engineering firms in my area that want EE's with embedded hardware skills, ASIC design experience, analog design experience, and embedded C/C++ programming skills (all in the same position) and wanted to pay $20.00/hour with no benefits.

This is killing the electronics industry in this country.

[No_Doll_i]

LoL would that it were such. There are a LOT of H-1Bs here that change jobs or just blend into society like every other illegal. Little to nothing is done to stop them.

[Dat Mon]

If H1b's or L1's are working on DOD projects, Id like somebody out there to provide some facts that I can take to appropriate individuals.

If you know of companies who are employing non-citizens on DOD projects, please freepmail nodoll or myself with the details.

This IMHO is treading on dangerous ground. Having been through the security clearance process myself once, I know what is involved.

It used to be, that everyone working on a DOD project had a minimal level of clearance, including support staff. You had to be a native born American to get a clearance in a reasonable amount of time, usually about 6 months.

Having an H1b in the building would have been unthinkable.

Now, I am told the backlog for clearances is well over a year, even for people who have had clearances, but are not currently active.