What is the H-1B program for employers?
Overview The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent.
Is there a cap on H-1B visas?
In stark opposition, you may face a roadblock when attempting to file an H-1B because of the visas previously allotted. Unfortunately, this does not carry over to H-1Bs. The H-1B regular cap is 65,000 with an extra 20,000 reserved for master’s exemptions.
What is the difference between blanket petition and H1b?
Some of the requirements for using the blanket petition option include: the employer must have obtained at least 10 L-1 approvals during the previous 1 year or has U.S. subsidiaries/affiliates with a combined $25 million in revenue or has at least 1000 employees in the U.S. By contrast, H-1B does not have any option for filing blanket petitions.
What is the new H-1B program Bulletin 2021?
On January 15, 2021, the U.S. Department of Labor (Department) issued an Office of Foreign Labor Certification H-1B Program Bulletin and a Wage and Hour Division Field Assistance Bulletin (FAB) revising its interpretation of its regulations concerning which employers of H-1B workers must file Labor Condition Applications.
What are the labor requirements for an H-1B visa?
The application requires the employer/agent to attest that it will comply with the following labor requirements: The employer/agent will pay the H-1B worker a wage which is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for the position in the geographic area in which the H-1B worker will be working.
What is the interim final rule for H1B visas?
US Department of Labor (DOL) published an Interim Final Rule (IFR) called “ Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, 85 FR 63872 ” on Oct. 8, 2020. It increased the H1B, PERM prevailing wage levels as listed in below table.
What is the maximum duration of the H-1B visa?
The maximum duration of the H-1B visa is ten years for exceptional United States Department of Defense project related work. A time increment of less than three years has sometimes applied to citizens of specific countries.
What is a specialty occupation on an H-1B visa?
A specialty occupation requires the application of specialized knowledge and a bachelor’s degree or the equivalent of work experience. Laws limit the number of H-1B visas that are issued each year. In 2015, there were 348,669 applicants for the H-1B filed, of which 275,317 were approved.