Wow. What a turn of events! In the not so distant past, the annual cap on H-1B Petitions was significantly reduced. US employers were finding it increasingly difficult to hire foreign workers and often had to rush their applications in to meet the quota. Now, with the downturn in the economy and the US approaching 10% unemployment,  the demand for foreign workers have subsided. As a result, the shrunken quota as of the date of this blog, has not been met and we are approaching the end of the year.

The window is therefore still open for foreign workers and their US employers. However, due to prohibitive processing delays associated with H-1B Petitions especially with the new iCERT system from the Department of Labor, frustration levels still remain high. The USCIS has responded by now accepting H-1Bs without DOL Approved LCA for a 120 day period staring from November 5, 2009 until March 4, 2010.

While the Petitioner (US Employer) has to file the LCA with the DOL, the USCIS will accept unapproved LCAs if filed within at least 7 calandar days after the LCAs  were filed with the DOL

The bottom line here is that Petitioners can take advantage of expedited H-1B processing during this 4 month grace period. Every cloud has a silver lining.

As of April 2009, the Alberta Immigrant Nominee Program has introduced a US Visa Holder Category focused on H-1B Visa holders. This immigration program enables skilled foreign workers on US Work Visas to apply for Canadian Permanent Residence with the intention of working in Alberta. This program is designed fill occupational shortages in certain high priority employment sectors in Alberta. The US Visa Holder Category is a fast track application process resulting in Canadian Permanent Residence. 

In order to qualify for the US Visa Holder Category, the following has to be met:

For more information on the Alberta US Visa Holders Category contact Niren and Associates Immigration Lawyers at 416 410 7484 or email us at info@visaplace.com

The Metro had an interesting article today about the H1-B visa and it’s dependant accompanying visa, the “dreaded” H-4.

The article discusses the difficulties of Samvita Padukone,  a pregnant H-4 visa holder, and her husband Sanjay Mavinkurve, an H1-B visa holder and Google engineer.

They are currently residing part time in Canada, attempting to fight the law which does not allow the dependants of H1-B visa holders to gain employment in the United States. Sanjay feels he does not have the right to ask his wife to stay at home while he works because of a rule they find unfair. The US only grants a limited amount of H1-B visas and have recently reduced the amount further and added constraints on companies who wish to employ foreign professionals as opposed to American workers.

At the moment they are awaiting the approval of their green card so that Sanjay may return to work in the United States, but the longer the wait, the more inclined they are to stay in Toronto, says the couple.

Should dependants of H1-B visa holders be allowed to work? Should there be limitations on the employment they may gain?

To insure you’re aware of all of your rights and the laws related to the visa you wish to gain, it is important to speak with an experienced lawyer on the matter. It may save you thousands of dollars and years of your time.

Though not at all surprising from the perspective of Immigration lawyers, in a recent article in the Washington Post a senior research associate at Harvard Law School and executive in residence at Duke University indicates that, if not the government, at least the residents of the United States are understanding the importance of a diverse immigrant population.

The Washington Post article cited quite astounding statistics relating to just how much of a significant part of the US economy comprise of immigrants.

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