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Posted by
admin on Sunday, April 02 @ 21:07:07 EDT
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Worried about H-1B visa? Take the L1 route
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admin on Sunday, April 02 @ 21:07:07 EDT
: " (Revealing article from an Indian newspaper on how Indians view the L1 visa. The last statement in the article is particularly illuminating. - jgm)
Worried about H-1B visa? Take the L1 route
SUDHIR SHAH
Indian Times
[ MONDAY, MARCH 20, 2006 12:00:01 AM]
President Bush’s visit to India has come as a shot in the arm for Indians aspiring to work in America. There are hopes that the present annual cap of 65,000 for H-1B visas will now be increased. While President Bush was very positive on the need for US to continue attracting the best and the brightest from India, the decision on any change in H1B work permit numbers actually rests with Congress.
In fact, even if the H-1B cap is not increased an intra-company transferee L-1 visa, available under the Immigration and Nationality Act 1952 of USA, is an ideal alternative for companies. Many multinationals are now resorting to these visas to invite foreign employees to work in USA.
L-1 visas are not restricted by any yearly quotas. They do not require that the foreign employee should be a graduate and be paid at the prevailing market rate. L-1A visas meant for managers and executives allow holders to work for 7 years and L-1B visa holders - who are persons with specialised knowledge - are allowed to work for 5 years.
Spouses and minor unmarried children, who are entitled to receive L-2 visas, can work in USA after obtaining prior permission. When they apply for a Green Card they are first in queue. The procedure is almost same as that of receiving an H-1B visa. The main requirement is that there should be a qualifying link between foreign business entity and a USA business entity.
If an Indian business entity establishes a branch or a wholly owned subsidiary in USA or enters into a partnership or joint venture with someone in USA, then the said USA business entity can invite a person working with the Indian business entity as a manager, executive or person with specialised knowledge, for one year, during past three years, to work in USA as an intra-company transferee on L-1 visa.
If the criteria can be met with, for Indians, L-1 visa is a better option than the H-1B under which workers are restricted by quota numbers and have to be paid wages at the prevailing market rates and its procedure is onerous.
The H-1B category effective from October 1, 1991 classifies as a non-immigrant, “an alien who is coming temporarily to the US to perform services in a specialty occupation for which the alien is qualified through the appropriate degree or through a combination of education and experience equivalent to that degree”. The annual numerical cap of 65,000 was also imposed since then.
The cap was increased for the F.Y 1999 and 2000 to 1,15,000 and for F.Y 2001 to 1,07,500. Another temporary increase in October 2000 again raised the cap for F. Y. 2001, 2002 and 2003 to 1,95,000. It reverted back to its original 65000 in F. Y. 2004.
As the optimum limit of this cap was reached within 5 months, an additional 20,000 quota was added for those who had done their masters in USA. Once again it is felt that this increase will not be sufficient to invite the necessary specialty occupation professionals from abroad and thus US may once again increase the cap.
The fiscal year of US begins on October 1 and ends on September 30 next year. To be eligible to invite a foreigner to work in USA in a specialty occupation, the USA employer has to first file with the labour department, a labour condition application, interalia, providing the particulars of the job which is offered to the foreigner, the qualifications of the foreigner and the salary offered.
It also has to state that the foreigner is not invited to displace an existing USA worker or to break an existing strike. The USA employer than has to file petition with the US Citizen and Immigration Service in whose jurisdiction it has its office for the H-1B status of the foreign employee. It normally takes 3 to 6 months for such petitions to be approved.
Now one can, by paying a premium processing fee of $ 1000, have the petition decided within 15 days. Once the petition is approved the foreign employee has to apply for a H-1B visa at the USA consulate in his home country in whose jurisdiction he resides.
It may also be possible to change status if the employee is already in USA in some other valid visa category. On an H-1B visa, a foreign employee can work in USA for an aggregate period of six years.
A criticism is often made that H-1B visa holders are tied to one employer and therefore are indentured. This is a myth. With a competitive labour market in USA, foreign professionals often change employers in search of better opportunities. H-1B professionals frequently move from one employer to another. H-1B professionals are able to change jobs as soon as another employer files petition for them.
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(This last statement is very revealing and it also shows why the H-1bs are smashing the wage scales for American workers. These young Indian workers, most with out families, want to stay in this country and will take a low wage to do so. American workers with families can not complete with them. This statement also reveals why corrupt CEOs want to raise the H-1b cap so drastically next year. If Congress lets in 600,000 H-1b workers then the job market will not be competitive at all and H-1bs will be indentured, easily controlled, servants for their corporate masters. - jgm)
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