Strengthening the h-1b nonimmigrant visa classification
I thought H-1B’s were dead!
Question: I have heard that H-1B’s were all used up for this fiscal year on the very first day.
I have my Masters in Business Administration and was hoping to get an H-1B. Is there anything I can do?
Answer:
It is simply awaiting signature by the President of the United States to make it law.
Now an employer must pay $1,500 to have an H-1B petition filed.
Additionally, there is a ‘Fraud Fee’ for both H’s and L’s of $500.
However, the law now mandates that instead of the currently listed two tier wage for experience, there should be a four tier level of experience to determine the wage.
The Department of Labor will be able to conduct and initiate investigations into what it believes are employers violating the H-1B provisions.
In regards to your situation, now people who earn Master’s or higher degree from a U.S. institution are now exempt from the H-1B cap.
There is a limitation of 20,000 per year for this exemption.
This is certainly a step in the right direction.
Question: Where are all of those fees going to go?
Answer: The distribution of money will be as follows: Job training- from 55% to 50%; Scholarship program- from 22% to 30%; National Science Foundation grant program for K-12 Math.
Science and Technology education- from 15% to 10%; DHS processing from 4% to 5% and DOL processing maintained at 5%.
The most important provisions changing the H-1B program seem to be the exemption of persons with Master’s and higher education in the U.S. This will actually free up 20,000 more H-1B’s per year for everyone else. While this is not nearly enough, it is certainly a good start.