As one of the writers that I admire would say. “Things that Make you go Hmmmmm”
If it isn’t bad enough that US companies are exporting jobs overseas, this article explains how we actually invite workers to come to America and get jobs that otherwise would be given to a citizen. Actually, it is something that makes you understand why many Americans have failed to get an education sufficient to hold some of these jobs.
The same holds true here in Panama where there is a shortage of skilled workers, yet Panama continues to allow only a 10% foreign workforce at any one foreign company that wants to come and do business here. Maybe that is a reason why our Canal expansion is behind schedule and many of the logistics jobs needed for the future the canal will bring go unfilled.
H-1B visas another reason to celebrate spring
Jacob Ratzan
Daily Business Review
April 2, 2012
Springtime is officially here and in South Florida that means beautiful weather, music festivals, spring training baseball and a flock of lively beachgoers from cold climates. There is certainly ample opportunity each spring for people in South Florida to relish in recreational activities. But businesses in South Florida (and around the country) can also take delight each spring in the renewed opportunity to hire foreign nationals in professional positions under the H-1B visa program.
Every year, on April 1, there are 65,000 H-1B visas released for an employment start date of Oct. 1. Of the visas, 5,800 are specifically allocated to citizens of Singapore and Chile. An additional 20,000 visas are available to foreign nationals who have earned a master degree or higher from a U.S. graduate school. And some employers are exempt from the H-1B cap, such as institutions of higher education, nonprofit research organizations and governmental research organizations.
To get an H-1B visa, a foreign national must be coming to work in a specialty occupation — a job that, at a minimum, requires attainment of a bachelor degree or higher, or its equivalent, for entry into the position. The job also must require the theoretical and practical application of a body of highly specialized knowledge. Some jobs that qualify include engineers, market research analysts, construction managers, accountants, computer programmers, financial analysts, teachers, human resource managers, management analysts, statisticians and sales engineers.
To work in a specialty occupation, the foreign national must meet the minimum requirements for the position by possessing the bachelor’s or higher degree, or its equivalent, required for the occupation. With respect to “equivalency,” a foreign national may qualify to work in the specialty occupation through a combination of education, specialized training or experience in a related field. U.S. Citizenship and Immigration Services will count three years of relevant experience as one year of education.
An employer must submit an I-129 petition with supporting documentation to USCIS to classify a foreign national as an H-1B employee. If approved, the H-1B employment will be authorized for an initial period of three years with the sponsoring company, and can be extended for an additional three years. After six years in H-1B status, the foreign national must return abroad for one year before he or she may be readmitted to the U.S. in H-1B status. But an H-1B employee may extend status for a seventh year and beyond if, upon or after expiration of the six-year period, an employment-based green card process has been pending on behalf of the foreign national for at least 365 days.
Dependent spouses and children under 21 years old of H-1B employees may apply for H-4 status to remain in the U.S. lawfully while the principal H-1B employee maintains his or her H-1B status. Currently, foreign nationals in H-4 status are not eligible for work authorization.
Once granted H-1B status, a foreign national may change employers and continue to maintain legal status as long as the new employer files a petition on behalf of the foreign national. But the employee need not wait until the new petition is approved before he or she can start working with the new company. The H-1B employee is authorized to work for the new company upon filing of the H-1B petition.
University graduates currently employed with optional practical training (OPT) may file an application to change status to H-1B before their OPT expires. In such a case, if the OPT expires before Oct. 1, the foreign national is permitted to work and remain lawfully in the United States during the period after expiration of OPT and before H-1B employment begins on Oct. 1.
The H-1B regulations impose certain legal requirements on employers. For example, the employer must make the following attestations when submitting the H-1B petition: 1) to pay the foreign national the prevailing wage or employer’s actual wage for the position, whichever is higher; 2) to provide working conditions for nonimmigrants (e.g., H-1B employees) that will not adversely affect U.S. workers similarly employed; 3) there is no strike, lockout or work stoppage in the H-1B occupation at the place of employment; and 4) the employer complied with specific notice requirements regarding the availability of the job opportunity. Moreover, the H-1B employer must maintain a public access file with specified H-1B related documents to comply with record-keeping regulations.
The H-1B visa fills a critical need for U.S. businesses to fill positions with educated and experienced foreign nationals in complex and specialized occupations. It also provides great flexibility for foreign nationals to change employers and pursue a green card. So, each year on April 1, when 65,000 H-1B visas “spring” into action, U.S. businesses and foreign nationals have yet another reason to celebrate the change in season.
Jacob Ratzan is the founder of the Law Office of Jacob Ratzan in Miami. He represents applicants for citizenship, lawful permanent residence and nonimmigrant visas before U.S. Citizenship and Immigration Services, in immigration court and in federal court.