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Changes to the H-1B program
Employers should be aware of changes to the H-1B temporary worker program, some of which have been well-publicized.
Fees
First, the Ëtraining fee increased from $500 to $1,000. This fee is in addition to the filing fee, which, as of 2/19/02, is $130. Employers must pay this $1,000 fee for the initial H-1B petition and first extension and may not recoup the fee from the alien. The fee is not required for a second extension.
Second, for an additional $1,000, employers may receive expedited processing in the form of a 15-day turnaround time as opposed to the usual four to six months.\
Third, although there is no fee associated with its filing, employers must remember to submit INS Form I-129W along with the regular H-1B petition.
Portability
H-1B visas are now more portable, meaning an alien is not tied to one employer to the extent he or she was in the past. Moreover, aliens currently in H-1B status who switch employers may now begin working for the new employer once that employer files an approvable H-1B petition on their behalf. The employer is no longer required to wait until INS approves the petition to engage the alien. However, contrary to popular myth, an alien in H-1B status who loses his or her job does not benefit from a Ëgrace period to find another suitable H-1B position.
Total stay
Normally, the total stay in H-1B status is six years. After that, an alien must reside abroad for one year before returning to the U.S. in H-1B status. However, aliens who have applied for adjustment of status (a green card), and whose applications have been pending at INS for more than 180 days, may remain in valid status beyond the six year limit while their application are adjudicated.
Rev'd 3.5.'02
Please contact Matthew S. Raynes, mraynes@eatonpeabody.com, for further information.
This paper is provided as general information, and is not a substitute for legal or other professional advice.
Employers should be aware of changes to the H-1B temporary worker program, some of which have been well-publicized.
Fees
First, the Ëtraining fee increased from $500 to $1,000. This fee is in addition to the filing fee, which, as of 2/19/02, is $130. Employers must pay this $1,000 fee for the initial H-1B petition and first extension and may not recoup the fee from the alien. The fee is not required for a second extension.
Second, for an additional $1,000, employers may receive expedited processing in the form of a 15-day turnaround time as opposed to the usual four to six months.\
Third, although there is no fee associated with its filing, employers must remember to submit INS Form I-129W along with the regular H-1B petition.
Portability
H-1B visas are now more portable, meaning an alien is not tied to one employer to the extent he or she was in the past. Moreover, aliens currently in H-1B status who switch employers may now begin working for the new employer once that employer files an approvable H-1B petition on their behalf. The employer is no longer required to wait until INS approves the petition to engage the alien. However, contrary to popular myth, an alien in H-1B status who loses his or her job does not benefit from a Ëgrace period to find another suitable H-1B position.
Total stay
Normally, the total stay in H-1B status is six years. After that, an alien must reside abroad for one year before returning to the U.S. in H-1B status. However, aliens who have applied for adjustment of status (a green card), and whose applications have been pending at INS for more than 180 days, may remain in valid status beyond the six year limit while their application are adjudicated.
Rev'd 3.5.'02
Please contact Matthew S. Raynes, mraynes@eatonpeabody.com, for further information.
This paper is provided as general information, and is not a substitute for legal or other professional advice.
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