Update on US H1-B visa by USCIS
by Harleen Kaur - April 6, 2010
United States, 6th April: The US Citizenship and Immigration Services has issued latest updates on the issuance of US H1-B visas by the US employers.
The process of accepting petitions for US H1B visas for the FY (Fiscal year) 2011 began on April1, 2010.
The new set of limitations was issued by the USCIS (US Citizenship and Immigration Services) to various Service Center Directors through a memorandum dated 8th January, 2010.
The US H1 B visas have always been in high demand and the upper limit of these US visas is reached within a short span after the filing begins. The US employers are in search of highly qualified professionals having requisite skills while prospective US H1B visa seekers are on the lookout for US employers providing them with such opportunity.
Among those in high demand for US H1B visas are engineers, software programmers, Market Research Analysts and scientists.
Having a US master degree can increase your chances of getting US H1B visa many folds. The upper limit for the US H1B visas has been fixed at 65,000 to be filled within a year.
The memorandum addressed to the Associate Director states that US employers having ability to employ H1B candidate are eligible to file petition for the US worker visa.
Some examples by USCIS for valid employer-employee relationship (as explained in the Memorandum) are------
• Temporary/occasional employment(off-site) which requires employee to travel off-site sometimes for work;
• Employment where the employee is required to work at petitioner’s(employer’s) work site;
• Long term employment when the employee is required to work at client’s site for completion of a project;
• Long term employment where the employee is required to work off-site on a permanent basis for installation and instructing the personnel at the new work site in the programs of the petitioner.
In all the examples stated above, the core point is that employer is the controller of the employment because the employee is paid and managed by the employer at all times irrespective of the fact whether he is working on site or off-site.
Hence, before proceeding with sponsorship of any US H-1B visa for a foreign applicant, single owner limited companies as well as small companies need to assess and analyze their ability to ‘control the work of any professional employee’.
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