U.S. announces new requirements for H-1B workers......

[kishore1431]

In a blow to Indian professionals, the U.S. on Friday announced additional measures for hiring of foreign specialists under the H-1B visa work programme making it more difficult for the companies receiving federal aid money to hire overseas workers.

The U.S. Citizenship and Immigration Services (USCIS) announced the measures to enforce the provisions of the new Employ American Workers Act (EAWA) of the American Recovery and Reinvestment Act, which prohibits hiring of H-1B visa holders by American companies who receive the federal aid money. Indian nationals account for bulk of the coveted H-1B visas.

These measures come about ten days before the USCIS starts accepting petitions for new H-1B visas for the fiscal year beginning October 1, 2009.

"Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an 'H-1B dependent employer'.

All H-1B dependent employers must make additional attestations to the U.S. Department of Labour (DOL) when filing the Labour Condition Application (LCA)," the USCIS said.

"USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS," it said.

This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labour Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition, the statement said.    (0h

[master123]

dude i did not understand the topic can u make it more clear

i mean is this condition for the new H1-B applicants or for every one on H1-B ...

[andhrarajyam]

Nadi same question mama.Can anyone clear this doubt?

[kanthmedala]

hey guys its so simple..its an old news but anyways...the companies whoever taken bailout money SHULD give 1st preference to american citizens...if they hire other then american citizens they have to prove that they dint get a qualified citizen .....this is for every1 who r seeking for job..old or new h1....and the companies who want bail out money has to sign papers n give it to IRS before h1 filing starts..hope u got my point....regarding labour or green card processing..forget it...just praise lord that if u have job its MOREEEE then enough .....

all the best

[master123]

Dudes there is also an other bad news for all the H1-B applicants. If a company is sponsoring its employees for H1-B then those companies will not get any funds or will not be eligible for the stimulus plan by the federal gov in near future...

[gunturchundi]

Important information for H-1B visa holders currently working in USA:

Due to the recent financial crisis companies in USA are starting to layoff employees. Among them many are famous high-tech companies such as Google, Ebay and Yahoo, etc. Jobless claims has reached 26-year high in February 2009. Economists estimate that this layoff trend will reach its peak in mid 2009.

If you are currently working in USA under H-1B you are facing the following risks:

1. According to US immigration policy, you will lose your status on the day you lose your job. You must file a valid status transfer within 10 days, or you may be subject to deportation.

2. If you can still maintain your job but your employer has just announced layoff, or announced "hiring freeze", the company's "Labor Certificate" application will be stopped by Department of Labor. This will seriously slow down the US green card process.

3. Even if you can still maintain your job and your LC has no problem, you may need to wait for a few years to file I-485 because of 5-7 years of priority date retrogression. Before you are able to file I-485, you will need to keep your H-1B status at all times. If you are laid off, your previous waiting time will be voided. You will need to apply for new LC and will be subject to the new priority date (provided that you can find a new employer quickly)