Richard
JF-Expert Member
- Oct 23, 2006
- 15,502
- 22,355
President elect Donald Trump has vowed to put an end to what he calls H-1B and L-1 visa “abuse” in a bid to tackle what he sees as the loss of ‘American’ jobs.
Fortunately it seems that he has not raised any concerns about the E-2 Treaty Investor Visa scheme and E-1 Treaty Trader visa scheme. Some would say that complaining about the H-1B and L-1 visa scheme is somewhat hypocritical as Trump companies have recruited thousands of foreign workers in the US. Despite this throughout his election campaign Trump vowed to take a hardline stance on US immigration if he were elected.
In a YouTube video posted on Monday, November 21, detailing his 100-day plan following his inauguration as the 45th president of the United States on Friday, January 20, 2017, Trump said: “On immigration, I will direct the Department of Labor to investigate all abuses of visa programmes that undercut the American worker.”
While Trump, or his campaign team, failed to elaborate on which employment visas would be targeted specifically, a number of visa programmes face potential restrictions.
Currently, US-based companies can recruit temporary skilled foreign workers on H-1B (highly-skilled graduates), unskilled workers on H-2A visas (agricultural workers), H-2B (seasonal, non-agricultural workers both skilled and unskilled) and L-1A (executives and managers being transferred to the US) and L-1B (specialized skills employees being transferred to the US) visas.
Trump targets H-1B visas in particular
Trump has targeted the H-1B visa programme in particular, describing it as a ‘threat to the American worker.’ In recent years, the H-1B visa programme has been blamed for a number of high profile job losses among American workers amidst claims that companies recruit cheaper foreign labour to replace them. Some would say that this ignores the large number of jobs created by companies bringing in foreign workers from abroad.
Reports of American workers being fired and forced to train their replacements or face bad references or loss of severance packages, have been rife across mainstream media. However, pro-immigrant groups could be forgiven for labelling Trump a hypocrite.
It’s well documented that Trump recruits thousands of foreign workers on H-2B visas at his Mar-a-Lago club, Trump Tower facilities and numerous other businesses that he owns. In an interview with the Hindustan Times in October, Trump said that he ‘understands the need for skilled workers and has utilised visa programmes himself.’
However, Trump went onto say: “At the same time we have to take care of American jobs and I have always said America first at all levels.”
Back in December 2015, Trump told the far right Breitbart News: “If I am president, I will not issue any H-1B visas to companies that replace American workers and my Department of Justice will pursue action against them.”
The comments made to Breitbart News came following revelations that Disneyland Orlando had replaced 250 American workers by bringing in personnel from India on H-1B visas via outsourcing giants HCL and Cognizant.
What is H1-B Visa
The US H-1B visa is a non-immigrant visa that allows US companies to employ graduate level workers in specialty occupations that require theoretical or technical expertise in specialized fields such as in IT, finance, accounting, architecture, engineering, mathematics, science, medicine, etc. Any professional level job that usually requires you to have a bachelors degree or higher can come under the H-1B visa for specialty occupations. If you do not have a bachelors degree or higher you may be able to show degree equivalence through work experience and/or other qualifications.
However, because of the visa cap it is unlikely that an H-1B visa petition will be successful. The US employer petitions for the H-1B Visa in the US which has a duration of up to 6 years.
Applying for a non-immigrant visa is generally quicker than applying for a US Green Card, therefore the H-1B visa is popular for companies wishing to bring in staff for long-term assignment in the US. However, because of the lack of available visas employers frequently have to look at applying for other visa categories such as the L-1B for specialized workers, L-1A for managers and executives, E-2 Treaty Investor visa, E-1 Treaty Trader visa, E-3 for Australians etc.
Please note that individuals cannot apply directly for an H-1B visa. Instead the employer must petition for entry of the employee.
H-1B Visa cap
H-1B visas are subject to an annual visa cap each financial year. US employers can begin applying for the H-1B visa six months before the actual start date of the visa. Employers can apply as soon as April 2, 2017 for the 2018 cap, but the beneficiary cannot start work until October 1, 2017.
Current immigration law allows for a total of 85,000 new H-1B visas to be made available each government fiscal year. This number includes 65,000 new H-1B visas available for overseas workers in specialty (professional) level occupations with at least a bachelors degree, with an additional 20,000 visas available for those specialty workers with an advanced degree from a US academic institution. In recent years the H-1B visa cap has been heavily oversubscribed near the beginning of April each year. USCIS then holds a lottery for the available H-1B visas available.
Eligibility: specialty occupation
The US H1-B visa is designed to be used for staff in specialty occupations. The job must meet one of the following criteria to qualify as a specialty occupation:
For you to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria:
The L-1B visa a non-immigrant visa which allows companies operating both in the US and abroad to transfer certain classes of employee from its foreign operations to their US operations for up to five years. The employee must have worked for a subsidiary, parent, affiliate or branch office of your US company outside of the US for at least one year out of the last three years.
Length of stay
The H-1B visa is initially granted for up to three years, but may then be extended to a maximum of six years.
Even though the H-1B visa is a non-immigrant visa, it is one of the few US visa categories recognized as dual intent, meaning the H-1B visa holder can apply for and obtain a US Green Card while in the US on an H-1B visa. If you are still in the US on an H-1B visa and wish to remain in the US for more than six years, you can apply for permanent residency in the US to receive a Green Card. If you do not gain permanent residency prior to the expiration of your H-1B visa, then you must live outside the US for at least one year before reapplying for another H or L visa.
Family & Dependants
H-1B visa holders can bring their spouse and children under 21 years of age to the US under the H-4 Visa category as dependents. An H4 Visa holder is allowed to remain in the US as long as the H-1B visa holder remains in legal status. While, an H-4 visa holder is not eligible to work in the US unless able to come under a non, they may attend school, obtain a driver's license and open a bank account while in the US.
What is L-1 Visa
The United States L-1 visa is a non-immigrant visa which allows overseas companies to transfer executives and managers and specialized knowledge employees to a new or existing US office for up to seven years. The employee must have worked for a subsidiary, parent, affiliate or branch office of the US company outside of the US for at least one year out of the last three years. This can be an excellent way for businesses to expand into the US with a minimal investment.
The requirements for employment based immigration (permanent residence) under the EB1-C immigrant scheme are similar to the requirements for the L-1A Executive and Manager visa category. Many overseas executives and managers come under the L-1A visa scheme first and then apply at a later date for EB1-C which is one of the best ways of gaining an immigrant visa (green card).
Companies operating in the US can apply to the relevant USCIS service center for an L-1 visa to transfer someone to the US from their overseas operations. Employees in this category will, initially, be granted an L-1 visa for up to three years.
There are two types of employees who may be sponsored for USA L-1 visas:
On completing the maximum allowable period in L-1 status, the employee must be employed outside the United States for a minimum of one year before a new application is made for L or H status.
Source: You Tube November 21 2016
Fortunately it seems that he has not raised any concerns about the E-2 Treaty Investor Visa scheme and E-1 Treaty Trader visa scheme. Some would say that complaining about the H-1B and L-1 visa scheme is somewhat hypocritical as Trump companies have recruited thousands of foreign workers in the US. Despite this throughout his election campaign Trump vowed to take a hardline stance on US immigration if he were elected.
In a YouTube video posted on Monday, November 21, detailing his 100-day plan following his inauguration as the 45th president of the United States on Friday, January 20, 2017, Trump said: “On immigration, I will direct the Department of Labor to investigate all abuses of visa programmes that undercut the American worker.”
While Trump, or his campaign team, failed to elaborate on which employment visas would be targeted specifically, a number of visa programmes face potential restrictions.
Currently, US-based companies can recruit temporary skilled foreign workers on H-1B (highly-skilled graduates), unskilled workers on H-2A visas (agricultural workers), H-2B (seasonal, non-agricultural workers both skilled and unskilled) and L-1A (executives and managers being transferred to the US) and L-1B (specialized skills employees being transferred to the US) visas.
Trump targets H-1B visas in particular
Trump has targeted the H-1B visa programme in particular, describing it as a ‘threat to the American worker.’ In recent years, the H-1B visa programme has been blamed for a number of high profile job losses among American workers amidst claims that companies recruit cheaper foreign labour to replace them. Some would say that this ignores the large number of jobs created by companies bringing in foreign workers from abroad.
Reports of American workers being fired and forced to train their replacements or face bad references or loss of severance packages, have been rife across mainstream media. However, pro-immigrant groups could be forgiven for labelling Trump a hypocrite.
It’s well documented that Trump recruits thousands of foreign workers on H-2B visas at his Mar-a-Lago club, Trump Tower facilities and numerous other businesses that he owns. In an interview with the Hindustan Times in October, Trump said that he ‘understands the need for skilled workers and has utilised visa programmes himself.’
However, Trump went onto say: “At the same time we have to take care of American jobs and I have always said America first at all levels.”
Back in December 2015, Trump told the far right Breitbart News: “If I am president, I will not issue any H-1B visas to companies that replace American workers and my Department of Justice will pursue action against them.”
The comments made to Breitbart News came following revelations that Disneyland Orlando had replaced 250 American workers by bringing in personnel from India on H-1B visas via outsourcing giants HCL and Cognizant.
What is H1-B Visa
The US H-1B visa is a non-immigrant visa that allows US companies to employ graduate level workers in specialty occupations that require theoretical or technical expertise in specialized fields such as in IT, finance, accounting, architecture, engineering, mathematics, science, medicine, etc. Any professional level job that usually requires you to have a bachelors degree or higher can come under the H-1B visa for specialty occupations. If you do not have a bachelors degree or higher you may be able to show degree equivalence through work experience and/or other qualifications.
However, because of the visa cap it is unlikely that an H-1B visa petition will be successful. The US employer petitions for the H-1B Visa in the US which has a duration of up to 6 years.
Applying for a non-immigrant visa is generally quicker than applying for a US Green Card, therefore the H-1B visa is popular for companies wishing to bring in staff for long-term assignment in the US. However, because of the lack of available visas employers frequently have to look at applying for other visa categories such as the L-1B for specialized workers, L-1A for managers and executives, E-2 Treaty Investor visa, E-1 Treaty Trader visa, E-3 for Australians etc.
Please note that individuals cannot apply directly for an H-1B visa. Instead the employer must petition for entry of the employee.
H-1B Visa cap
H-1B visas are subject to an annual visa cap each financial year. US employers can begin applying for the H-1B visa six months before the actual start date of the visa. Employers can apply as soon as April 2, 2017 for the 2018 cap, but the beneficiary cannot start work until October 1, 2017.
Current immigration law allows for a total of 85,000 new H-1B visas to be made available each government fiscal year. This number includes 65,000 new H-1B visas available for overseas workers in specialty (professional) level occupations with at least a bachelors degree, with an additional 20,000 visas available for those specialty workers with an advanced degree from a US academic institution. In recent years the H-1B visa cap has been heavily oversubscribed near the beginning of April each year. USCIS then holds a lottery for the available H-1B visas available.
Eligibility: specialty occupation
The US H1-B visa is designed to be used for staff in specialty occupations. The job must meet one of the following criteria to qualify as a specialty occupation:
- Have a minimum entry requirement of a Bachelor's or higher degree or its equivalent.
- The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree.
- The employer normally requires a degree or its equivalent for the position.
- The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree.
For you to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria:
- Have completed a US bachelor's or higher degree required by the specific specialty occupation from an accredited college or university.
- Hold a foreign degree that is the equivalent to a U.S. bachelor's or higher degree in the specialty occupation.
- Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment.
- Have education, training, or experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
The L-1B visa a non-immigrant visa which allows companies operating both in the US and abroad to transfer certain classes of employee from its foreign operations to their US operations for up to five years. The employee must have worked for a subsidiary, parent, affiliate or branch office of your US company outside of the US for at least one year out of the last three years.
Length of stay
The H-1B visa is initially granted for up to three years, but may then be extended to a maximum of six years.
Even though the H-1B visa is a non-immigrant visa, it is one of the few US visa categories recognized as dual intent, meaning the H-1B visa holder can apply for and obtain a US Green Card while in the US on an H-1B visa. If you are still in the US on an H-1B visa and wish to remain in the US for more than six years, you can apply for permanent residency in the US to receive a Green Card. If you do not gain permanent residency prior to the expiration of your H-1B visa, then you must live outside the US for at least one year before reapplying for another H or L visa.
Family & Dependants
H-1B visa holders can bring their spouse and children under 21 years of age to the US under the H-4 Visa category as dependents. An H4 Visa holder is allowed to remain in the US as long as the H-1B visa holder remains in legal status. While, an H-4 visa holder is not eligible to work in the US unless able to come under a non, they may attend school, obtain a driver's license and open a bank account while in the US.
What is L-1 Visa
The United States L-1 visa is a non-immigrant visa which allows overseas companies to transfer executives and managers and specialized knowledge employees to a new or existing US office for up to seven years. The employee must have worked for a subsidiary, parent, affiliate or branch office of the US company outside of the US for at least one year out of the last three years. This can be an excellent way for businesses to expand into the US with a minimal investment.
The requirements for employment based immigration (permanent residence) under the EB1-C immigrant scheme are similar to the requirements for the L-1A Executive and Manager visa category. Many overseas executives and managers come under the L-1A visa scheme first and then apply at a later date for EB1-C which is one of the best ways of gaining an immigrant visa (green card).
Companies operating in the US can apply to the relevant USCIS service center for an L-1 visa to transfer someone to the US from their overseas operations. Employees in this category will, initially, be granted an L-1 visa for up to three years.
There are two types of employees who may be sponsored for USA L-1 visas:
- L-1A Executives and Managers
- L-1B Specialized Knowledge Staff
On completing the maximum allowable period in L-1 status, the employee must be employed outside the United States for a minimum of one year before a new application is made for L or H status.
Source: You Tube November 21 2016
