U.S. Immigration korner
Felicia Persaud
This is new column created especially
for immigrants concerned or unsure of issues pertaining to the
United States Immigration Law. The column, will address some of
our readers' frequently asked questions and provide answers from
qualified immigration attorneys and advocates lobbying for their
U. S. Immigration cause.
This is a column created especially for
immigrants concerned or unsure of issues pertaining to the U.S.
Immigration Law. The column will answer some of our readers frequently
asked questions and provide answers from qualified immigration
attorneys and advocates lobbying for the U.S. immigration cause.
Q: I'm a professional living and working in my country. Recently, I heard through a cousin of mine, that the United States has visas for people like me under a category called H-1B. Is this true and how can I apply?
A: On October 17 and 30, 2000, Bill Clinton in his capacity as President then - signed into law, several bills which significantly changed the H-1B program as well as the employment-based immigration program. Prominent among these bills, is the American Competitiveness in the Twenty-First Century Act (AC21). This bill basically increases the cap on H-1B visas but while you may be qualified for any of a number of jobs in the United States, you must first obtain an employer willing to hire you. This is the only way you may qualify for a H1-B visa.
However, a "non-displacement" clause generally prohibits these employers from replacing U.S. workers with Hl-B workers. The recruitment provision requires these employers to try to find qualified U.S. workers before hiring Hl-B workers and to hire U.S. workers if they are at least as qualified as the Hl-B workers.
It also requires employers to offer benefits to Hl-B workers on the same basis as they offer benefits to U.S. workers; to pay Hl-B workers when the workers are placed in non-productive status for work-related reasons such as lack of a license or lack of work; and provides whistleblower protection to employees - including former employees and applicants - who disclose information about potential violations or cooperate in an investigation or proceeding.
Once, your application meets these requirements, you may well receive a H1-B visa. Section 214(g) of the Immigration and Nationality Act now sets an annual limit on the number of aliens that can receive H1-B status at 115,000.
In addition to increasing the cap, AC21 exempts H1-B workers who are employed by or have an offer of employment from institutions of higher education; related or affiliated nonprofit entities, or nonprofit or government research organizations.
The Labor Department's Employment and Training Administration is responsible for processing employers' applications - called Labor Certification Applications, or LCAs - for H1-B workers. Employers' petitions for these workers are decided by the Immigration and Naturalization Service, which also processes requests for adjustment of status if the worker is already present in the U.S. Visas for entry into the U.S. are issued by the consular office in your island.
About the writer: Felicia Persaud is a New York-based journalist
and head of Hard Beat Communications. If you or someone you know
has an immigration question, then email Felicia directly at hardbeatinc@aol.com.
Individuals can keep their anonymity if preferred, since questions
will not be answered personally!