The FY-2010 H-1B cap (for new H-1B visa employment beginning October 01, 2009 – September 30, 2010) has been reached as of December 21, 2009, and that is the final receipt date for FY-2010 cap-subject H-1B visa petitions. more »
USCIS is reportedly now scrutinizing H-1B visa petitions filed by small employers. The requests for further evidence on such H-1B petitions, or RFEs, typically request detailed evidence on issues such as the existence of the petitioning company itself, the “specialty” nature of the H-1B visa position (that is, whether the position requires someone with at least the equivalent of a bachelor’s degree in a particular field of expertise), and the petitioning company’s need for a full-time professional-level employee. more »
The earliest date to file for an H-1B employment start date of October 01, 2009, is April 01, 2009. Congress has placed an annual cap of 65,000 on the number of H-1B visas that may be issued each government fiscal year (October 01 to September 30). In addition to the 65,000 regular H-1B cap, 20,000 additional visa numbers are available for qualifying applicants with a US Masters Degree or higher. more »
The Stimulus Act, signed by the President on February 17, 2009, places new restrictions on H-1B employment for US companies that receive TARP funds for a two year period.
The earliest date to file for an H-1B start date of October 1, 2009, is April 1, 2009. Each fiscal year (October 1 to September 30), H-1B visas are capped at 65,000. In addition, 20,000 additional visa numbers are available for qualifying applicants with a US Masters Degree or higher. Employers planning to sponsor H-1B workers for the coming fiscal year should therefore prepare for filing as soon as possible to have a better chance of obtaining an H-1B number. more »
Senators Bernie Sanders (I-VT) and Chuck Grassley (R-IA) offered an amendment to the Stimulus Bill that passed by voice vote in the Senate, that would effectively ban filing of H-1B visa petitions for employees of financial institutions that receive TARP funds. more »
The Administrative Review Board (ARB) of the United States Department of Labor ruled on December 28, 2008, that an employer who failed to report the termination of an employee who held an H-1B visa is liable for back wages since that H-1B employee’s periods of unproductiveness were not due to his unwillingness or unavailability to work. more »