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Number of full-time equivalent employees in the United States Minimum number of H-1B nonimmigrant workers necessary to make the employer H-1B-dependent How threshold varies as a percentage of total number of employees 1 to 25: 8 or more: 100% (at 8 employees) down to 32%.
The quota of H-1B visas was increased from 65,000 to 115,000 for fiscal years 1999 and 2000 only. For an employer with a large number of employees in H-1B status or who had committed a willful misrepresentation in the recent past, the employer attest that the additional H-1B worker would not displace any U.S. workers. [90]
Labor Condition Application. The Labor Condition Application (LCA) is an application filed by prospective employers on behalf of workers applying for work authorization for the non-immigrant statuses H-1B, H-1B1 (a variant of H-1B for people from Singapore and Chile) and E-3 (a variant of H-1B for workers from Australia).
The new rule expands the definitions of specialty occupation positions and spells out the requirements for nonprofit and governmental research organizations to… DHS overhauls H-1B visa program ...
Visas last up to six years, though workers who begin the green card application process can remain in the program as long as their employer continues to sponsor them. Employers apply for new visas ...
The first 20,000 H-1B beneficiaries who have earned a master's degree or higher from a U.S. institution of higher education are not subject to the annual congressionally mandated H-1B visa cap of 65,000. After those 20,000 slots are filled, USCIS is required to count thosecases against the cap for the remainder of the fiscal year. [5]
What is an H-1B visa? The H-1B program is for employers looking to hire people into specialty jobs who are lawfully admitted to the U.S. but are not lawful permanent residents — generally ...
No "benching" rule: Employers must pay H-1B nonimmigrants the required wage for the full hours specified on the H-1B visa petition even if the beneficiary is in nonproductive status due to a decision by the employer, or based on the nonimmigrant's lack of a permit of license, i.e., full-time employees must be paid full-time wages, and part-time ...