New Rules for H-1B Working Visa to Be Introduced
The draft guidelines state that employers who currently employ H-1B workers must file an amended visa application AND a Labour Condition Application (LCA) if a worker switches to work premises not covered by the original visa.
How H-1B Working Visa Holders Will Be Affected
For every amended H-1B application filed, the employer will pay $325.
In the past, H-1B visa holders who changed job locations only had to file for an LCA with the Department of Labour – a service that up until now, has been free of charge.
This means that the cost of keeping skilled foreign workers in the United States could skyrocket. In fact, if we include immigration attorney fees (who file visa petitions for most US employers), the process could end up costing companies upwards of $1,000 every time a worker moves job location.
Perhaps even more troubling, these draft guidelines will be applied retrospectively to every H-1B visa holder who changed their work location before May 21. If you changed location after May 21, you will be required to submit an amended application.
The immigration agency has allowed employers up until August 19 to file these new applications.
Gagan Sabharwal, the director for trade and development at India’s main software trade body, the National Association of Software and Services Companies, said: “The retroactive clause is the biggest concern the industry has.”
Sabharwal also stated the industry body’s concern over the lack of clarity on the timescale and implementation of the guidelines.
He continued: “Companies can’t wait for the decision, which will only give them less than a month’s notice to be able to make changes to thousands of petitions.”
Have You Been Affected by the New H-1B Visa Rules?
If you have been affected by the new H-1B visa rules, we at visaplace can help. Our immigration lawyers will file the amended visa application AND a Labour Condition Application (LCA) on your behalf and make sure that you application is free from any errors that might lead to denial.
The first step towards a successful H-1B application is getting an assessment of your case. Fill out our free immigration assessment form and we will get back to you within 24 hours to discuss your eligibility and options.
The content and comments of this blog are not legal advise and and may not be accurate or complete. If you require legal advice, contact a licensed legal practitioner directly. If you post on this blog, you assume full responsibility for disclosing your identity to the public and VisaPlace nor its affiliates are not responsible for protecting your privacy nor your identity concerning your participation in our blog and you assume any risks in participating.
After initially having a very bad experience with one of their immigration consultants and after posting a negative review on Google I was immediately contacted by the Managing Director to reschedule another consultation to try and provide me with a more positive experience. I have been impressed by their attention to customer service as a result of this and I appreciate the initiative that they have taken to turn my negative experience into a positive one. My second consultation was a great experience, I spoke with Brian about my Canadian PR application and he was able to give me great advice and was extremely helpful. He answered all my questions and explained the process of how to apply and was very patient with me which I really appreciate.
Great law firm with great staff. My lawyer Rania did a great job for my Canadian work permit and my daughters study permit. You are great in your work. And my Para Legal officer Alicea, you are just amazing. They did not rest until my job was promptly and properly done. Always there to answer my calls, reply my emails promptly. She tried her best and the results were amazing. I recommend visa place if you need the best immigration job. Many thanks to Rania and Alicea.
Great firm on top of their game. Worked with us til the end to ensure my parents visa was approved and guided us along the way in a professional manor. Natalie is awesome. Majority of our communications were via email, but the responses were immediate. I would greatly recommend this firm. Thank you for all your hard work and help. My family and I do really appreciate it.