The Kidambi approach to processing H-1B Visas
Once again this year, the Kidambi team was at its best in the overnight marathon that has become customary of how your H-1B CAP cases are handled. Using FEDERAL Express Custom Critical service, our California and Vermont Service Center H-1B petitions were shipped in private containers and hand delivered to the USCIS offices on time and probably ahead of everyone else. In fact, since USCIS announced they would open as early as 6:30 AM, we timed our arrival for 5:30 A.M. to be first in line to deliver client packages. As always, the Kidambi team was at its best in the final hours of the crunch to ensure every singly petition was filed on time. Our H-1B petitions are prepared meticulously and checked and double-checked before they are filed. The chance of human error is reduced to the extent possible. You can count on us to deliver. Contact us at info@kidambi.com to discuss your case.

What is the purpose of an H-1B Visa?
The H-1B Visa offers a prompt, lawful way for U.S. employers to hire foreign professionals on a temporary basis. This visa allows U.S. businesses to recruit and hire the best-qualified candidates from around the world.  It allows U.S. employers to compete on a level playing field with foreign companies in such key industries as information technology, manufacturing, pharmaceuticals, biotechnology, and education.

H-1B visas are for foreign professionals, hired by U.S. employers to work in "specialty occupations."

What is a Specialty Occupation?
A specialty occupation is an occupation that requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent. For example, architects, engineers, mathematicians, physical therapists, doctors, teachers, and lawyers are all specialty occupations.

What does an Employer need to file an H-1B Petition?
The employer must have a U.S. taxpayer identification number. Foreign businesses not established in the U.S. cannot use this visa to bring employees here. A U.S. employer using this program must guarantee that:

1. the foreign professional will be paid at or above the rate paid for a similar position at the employer's own offices, or at those of their local competitors;
2. the foreign professional will not adversely affect the working conditions of U.S. colleagues;
3. U.S. colleagues will be given notice of the professional's presence among them; and
4. there is no strike or lockout at the worksite.

The employer must also demonstrate that the position requires a professional in a specialty occupation and that the intended employee has the required qualifications. Under a 1998 law, employers who use a higher percentage of H-1B workers must meet additional requirements, including documenting their recruitment in the United States, and are forbidden from laying off American workers to hire an H-1B professional. These additional requirements are part of a complex set of rules and regulations collectively promulgated as a result of the American Competitiveness and Workforce Improvement Act [ACWIA]. Violation of these rules could result in severe penalties that may include debarment from participating in the H-1B program. H-1B employers are required to pay an additional fee per visa to fund education and training programs for U.S. workers. The fee is currently $1,500.00 ($750.00 for employers with no more than 25 full-time employees working in the U.S.).
Additionally, a $500.00 fraud prevention fee has been added in 2005. This fee must be paid by employers seeking to initially bring a foreign worker to the U.S., or when transferring them from a different employer in the U.S.

What is the current H-1B Cap?
The current Cap is set at 65,000 (reduced by 6800 visas for Chile and Singapore Citizens).  An additional 20,000 visas has been set-aside for individuals with a Master’s, or higher degree earned from a U.S. institution.

What are the Employer’s liabilities?
Employers are responsible for several things under the H-1B program [not to be confused with the employer’s obligations under the Immigration Reform and Control Act – IRCA]. For instance, an H-1B employer is liable for return transportation if the foreign worker is dismissed before the expiration of the authorized period of stay. Some of the employer’s obligations are listed below:

1. The Employer is required to maintain documentation to meet its burden of proof with respect to the validity of the statements made in its LCA and the accuracy of information provided, in the event that such statement or information is challenged. The employer shall also maintain such documentation at its principal place of business in the U.S. and shall make such documentation available to Department of Labor for inspection and copying upon request.  
2. The employer must also inform U.S. workers of the intent to hire a foreign worker by posting the completed LCA, Form ETA 9035E, for the position. The posting must occur within the 30-day period preceding the date that the labor condition applications is submitted to the DOL. Posting may occur in one of two methods: hard copy or electronic notice. The hard copy notice must be given to the bargaining representative for workers in the occupation or, if there is no bargaining representative, be posted for 10 consecutive days in at least two conspicuous locations at each place of employment where any H-1B, H-1B1, or E-3 nonimmigrant will be employed. Distribution can be by whatever means the employer normally communicates with its employees (i.e., e-mail, bulletin board, and home web page). A copy of the LCA must also be provided to each nonimmigrant.
3. The employer shall make the LCA and necessary supporting documentation available for public examination at the employer's principal place of business in the U.S. or the place of employment within one working day after the date on which the LCA is filed with DOL.

What is the duration of the H-1B Visa?
The H-1B Visa is granted for three years at a time up to a maximum of six years. After the initial period of three years, the Employer is required to file a petition seeking an extension of the initial period for three additional years. Under two circumstances, the individual is allowed to stay beyond the six-year period:

• A beneficiary of an employment-based first, second or third preference immigrant petition who is eligible for permanent residence but for the application of the per-country limits may obtain extension of the H-1B status until the adjustment of status is decided.

When can the H-1B Worker begin work?
A new H1-B applicant must await approval of his/her nonimmigrant petition before beginning work.  However, if the beneficiary is already an H1-B worker and is merely seeking to change employers, he/she may begin the new employment upon filing of the petition and need not wait for the petition to be approved.  The petition must always be non-frivolous and the beneficiary must be a nonimmigrant admitted to the U.S. in H-1B status, must not have been employed without authorization before the petition was filed, and must be in valid status when the petition is filed.

Can part time work be considered for H-1B Visa?
An individual may be employed either part-time, or full-time in H-1B status. More importantly, one can work with two employers concurrently in H-1B status.