H-3, J-1實習培訓簽證簡介
H-3和J-1實習/培訓是用途廣泛卻多數人不太了解的兩種簽證。H-3簽證可使在海外從事任何有一定技術性的外國人，在美國對應機構、公司的支持下，來美國進行為期不超過兩年的培訓。申請人不需具備任何規定的學歷或工作經驗，但培訓項目必須符合以下四項條件﹕1)該培訓在申請人國家不能進行；2)申請人不能去取代一個正常由美國人從事的工作；3)申請人不能從事培訓公司日常的經營性活動（附屬，偶然者除外）；4)培訓會使申請人回國後從事的職業獲得好處。除此以外，法律還有一些限制性的規定，例如培訓內容不得與培訓公司的經營性質、方式有重大矛盾；培訓不應以最終雇用申請人在美國公司工作為目的，等等。
H-3簽證由美國公司向移民局提出申請，批准後受益人在海外美領館申請簽證，如人已在美國，則可以申請轉換身份。H-3簽證最長為兩年，如欲轉為H-1簽證，必須在使用H-3簽證後一年半内提出申請，否則需出境半年後才能以H-1返美。
J-1實習/培訓。J-1實習與培訓有不同的要求。J-1實習要求實習生正在海外上學或畢業不到一年。培訓生要求畢業後有一年以上相關工作經驗，或在海外有五年以上相關經驗。在美國畢業的留學生則要求在海外已有五年以上相關工作經驗以申請培訓生資格。留學生不能申請J-1實習。申請人需要有美國機構(公司、學校、其他專門從事J-1實習/培訓的機構)出面支持，制定實習/培訓計劃，至少以電話方式面試申請人。J-1實習最長一年，J-1培訓最長18個月。期滿需出境兩年後才能繼續以J-1身份返美。J-1 Sponsors 必須有符合資格的人員進行培訓、指導，適應的工作場地、設備，詳細的培訓計劃、目標，定期評估培訓進度，等等。J-1 Sponsors 可以與培訓公司毫無關聯，他們只是政府授權頒發J-1申請文件，審核接受單位(Host organization) 的資格以保持J-1簽證的使用符合法律的要求。J-1 Sponsors 通常會收取一定費用，對申請人和接受單位進行審核，如符合條件則頒發許可書。申請人持許可書去美國大使館申請J-1簽證。
J-1簽證不需移民局批准，且條件要求較H-3低，故J-1實習/培訓有花費少，時間快的優點。但是J-1簽證持有人可能受回國服務兩年的限制，即凡以J-1身份進入美國的外國人，特別是來自中國大陸的人，可能需回國後兩年才能申請移民美國或在美國境內轉為其他簽證，特別是H-1或L-1簽證。
H-3和J-1都是有價值的簽證種類，使用者應向有經驗的移民律師咨詢以作出正確的選擇。如果你有興趣，或你認為你的公司或朋友可能需要H-3或J-1實習/培訓簽證，歡迎來電預約咨詢 (415)576-9923 舊金山環球律師事務所--王小禾律師 。
Showing posts with label H-3 visa. Show all posts
Showing posts with label H-3 visa. Show all posts
Thursday, December 13, 2007
Monday, December 10, 2007
USCIS publishes current H visa count
Current Cap Count for Non-Immigrant Worker Visas for Fiscal Year 2008
What is a “Cap”?
The word “Cap” refers to annual numerical limitations set by Congress on the numbers of workers authorized to be admitted on different types of visas or authorized to change status if already in the United States.
H-1B
Established by the Immigration Act of 1990 (IMMACT 90), the H-1B nonimmigrant visa category allows U.S. employers to augment the existing labor force with highly skilled temporary workers. H-1B workers are admitted to the United States for an initial period of three years, which may be extended for an additional three years and, in some cases, beyond, if an a/s application is pending.
An H-1B nonimmigrant (with the exception of certain fashion models) must have a bachelor’s degree or higher (or equivalent) in the specific specialty. The H-1B visa program is used by some U.S. employers to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field and a bachelor’s degree or its equivalent. Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors. The H-1B visa program also includes certain fashion models of distinguished merit and ability and up to 100 persons who will performing services of an exceptional nature in connection with Department of Defense (DOD) research and development projects or coproduction projects. The current annual cap on the H-1B category is 65,000. Not all H-1B nonimmigrants are subject to this annual cap.
H-1B Employer Exemptions
H-1B nonimmigrants who are employed, or who have received an offer of employment, by institutions of higher education or a related or affiliated nonprofit entity, as well as those employed, or who will be employed, by a nonprofit research organization or a governmental research organization are exempt from the cap.
H-1B Advanced Degree Exemption
The H-1B Visa Reform Act of 2004, which took effect on May 5, 2005, changed the H-1B filing procedures for FY 2005 and for future fiscal years. The H-1B Visa Reform Act of 2004 also makes available 20,000 new H-1B visas for foreign workers with a Master’s or higher level degree from a U.S. academic institution. Such persons are statutorily exempted from the annual cap.
Cap
Beneficiaries Approved
Beneficiaries Pending Petitions Receipted
Beneficiaries
Pending Petitions yet to be Receipted
Total
Date of Last Count
H-1B (FY 08)
58,200 1
------
------
------
Cap Reached
4/2/2007
H-1B Advanced Degree Exemption (FY 08)
20,000
------
------
------
Cap Reached
4/30/2007
1 6,800 visas are set aside during the fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool can be made available for H-1B use with start dates beginning on October 1, 2007, the start of FY 2008. USCIS has added 5,800, the projected number of unused H-1B1 Chile/Singapore visas to the FY 2008 H-1B cap.
H-1B1
An H-1B1 is a national of Chile or Singapore coming to the Unites States to work temporarily in a specialty occupation. The law defines an H-1B1 specialty occupation as a position that requires theoretical and practical application of a body of specialized knowledge. The beneficiary must have a bachelor’s degree or higher (or equivalent) in the specific speciality. The combined statutory limit is 6,800 per year. 1,400 visas are set aside annually for nationals of Chile, and 5,400 for nationals of Singapore.
H-2B
The H-2B visa category allows U.S. employers in industries with peak load, seasonal or intermittent needs to augment their existing labor force with temporary workers. The H-2B visa category also allows U.S. employers to augment their existing labor force when necessary due to a one-time occurrence which necessitates a temporary increase in workers. Typically, H-2B workers fill labor needs in occupational areas such as construction, health care, landscaping, lumber, manufacturing, food service/processing, and resort/hospitality services.
The Save Our Small and Seasonal Businesses Act of 2005 (SOS Act) divided the annual numerical limitations of 66,000 into two halves. USCIS regulations allow for filings 6 months in advance. However, H-2B petitioners first must obtain a temporary labor certification from the Department of Labor (DOL). DOL regulations stipulate that the application for temporary labor certification may not be filed more than 120 days in advance of the need for the employee to ensure the accuracy of the labor market test. Thus, USCIS normally begins receiving H-2B petitions with employment start dates in October in June or July.
What is the H-2B numerical limit set by Congress?
The H-2B numerical limit set by Congress per fiscal year is 66,000. USCIS notes that, as of October 1, 2007, Congress has not amended the "returning worker" provisions of the Save Our Small and Seasonal Businesses Act of 2005 (SOS Act) to cover FY 2008.
Until October 1, 2007, if a petition was approved only for the purpose of extending an alien’s stay in H-2B status, or only for change or addition of employers or a change in the terms of employment, the worker was not counted against the numerical limit at that time. By contrast, an alien who changes nonimmigrant status to H-2B was generally counted against the annual H-2B cap.
Why does USCIS authorize more H-2B workers than the statutory limit?
USCIS adjudicates H-2B petitions based on the facts presented by the petitioner in the petition. If the alien beneficiaries of the H-2B petition are abroad, USCIS then sends the approved petitions to the Department of State (DOS) for consular processing. Employers, however, may decide after submitting an H-2B petition that the aliens on whose behalf it petitioned are no longer needed. In such cases, DOS will not issue the aliens an H-2B visa. In other instances, some aliens never appear at the consular post for their H-2B visa interview following petition approval. DOS may also deny some H-2B visa applications even though USCIS has approved petitions for these workers. Similarly, DHS Customs and Border Protection (CBP) may determine at a port-of-entry that the beneficiary of an approved H-2B petition is inadmissible and refuse to admit the alien to this country.
Because of such “drop outs,” the number of potential H-2B workers authorized to work by USCIS will exceed the actual number of visas issued based on petition approvals -- the basis of the statutory limit.
Cap
Beneficiaries Approved
Beneficiaries Pending
Beneficiaries Target 1
Total
Date of Last Count
H-2B 1st Half
33,000
------
------
------
Cap
Reached
9/27/2007
H-2B
2nd Half
33,000 2
2,729
4,435
To be determined
7,164
12/4/2007
H-2B Annual (FY 08)
66,000 3
------
------
------
------
------
1 Refers to the estimated numbers of beneficiary applications needed to reach a cap, with an allowance for withdrawals, denials and revocations.
2 A shortfall in the 1st half would be made up in the 2nd half.
3 Visas issued plus beneficiaries changing status already in the United States.
H-3
The H-3 nonimmigrant visa category is for aliens who are coming temporarily to the U.S. to receive training (other than graduate medical education or training). The training may be provided by a business entity, academic, or vocational institute. The H-3 nonimmigrant visa category also includes aliens who are coming temporarily to the U.S. to participate in a special education training program for children with physical, mental, or emotional disabilities. There is a limit of 50 visas per fiscal year allocated to H-3 aliens participating in special education training programs. As of November 29, 2007, one of these H-3 visas had been approved with a start date in FY 2007.
What is a “Cap”?
The word “Cap” refers to annual numerical limitations set by Congress on the numbers of workers authorized to be admitted on different types of visas or authorized to change status if already in the United States.
H-1B
Established by the Immigration Act of 1990 (IMMACT 90), the H-1B nonimmigrant visa category allows U.S. employers to augment the existing labor force with highly skilled temporary workers. H-1B workers are admitted to the United States for an initial period of three years, which may be extended for an additional three years and, in some cases, beyond, if an a/s application is pending.
An H-1B nonimmigrant (with the exception of certain fashion models) must have a bachelor’s degree or higher (or equivalent) in the specific specialty. The H-1B visa program is used by some U.S. employers to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field and a bachelor’s degree or its equivalent. Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors. The H-1B visa program also includes certain fashion models of distinguished merit and ability and up to 100 persons who will performing services of an exceptional nature in connection with Department of Defense (DOD) research and development projects or coproduction projects. The current annual cap on the H-1B category is 65,000. Not all H-1B nonimmigrants are subject to this annual cap.
H-1B Employer Exemptions
H-1B nonimmigrants who are employed, or who have received an offer of employment, by institutions of higher education or a related or affiliated nonprofit entity, as well as those employed, or who will be employed, by a nonprofit research organization or a governmental research organization are exempt from the cap.
H-1B Advanced Degree Exemption
The H-1B Visa Reform Act of 2004, which took effect on May 5, 2005, changed the H-1B filing procedures for FY 2005 and for future fiscal years. The H-1B Visa Reform Act of 2004 also makes available 20,000 new H-1B visas for foreign workers with a Master’s or higher level degree from a U.S. academic institution. Such persons are statutorily exempted from the annual cap.
Cap
Beneficiaries Approved
Beneficiaries Pending Petitions Receipted
Beneficiaries
Pending Petitions yet to be Receipted
Total
Date of Last Count
H-1B (FY 08)
58,200 1
------
------
------
Cap Reached
4/2/2007
H-1B Advanced Degree Exemption (FY 08)
20,000
------
------
------
Cap Reached
4/30/2007
1 6,800 visas are set aside during the fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool can be made available for H-1B use with start dates beginning on October 1, 2007, the start of FY 2008. USCIS has added 5,800, the projected number of unused H-1B1 Chile/Singapore visas to the FY 2008 H-1B cap.
H-1B1
An H-1B1 is a national of Chile or Singapore coming to the Unites States to work temporarily in a specialty occupation. The law defines an H-1B1 specialty occupation as a position that requires theoretical and practical application of a body of specialized knowledge. The beneficiary must have a bachelor’s degree or higher (or equivalent) in the specific speciality. The combined statutory limit is 6,800 per year. 1,400 visas are set aside annually for nationals of Chile, and 5,400 for nationals of Singapore.
H-2B
The H-2B visa category allows U.S. employers in industries with peak load, seasonal or intermittent needs to augment their existing labor force with temporary workers. The H-2B visa category also allows U.S. employers to augment their existing labor force when necessary due to a one-time occurrence which necessitates a temporary increase in workers. Typically, H-2B workers fill labor needs in occupational areas such as construction, health care, landscaping, lumber, manufacturing, food service/processing, and resort/hospitality services.
The Save Our Small and Seasonal Businesses Act of 2005 (SOS Act) divided the annual numerical limitations of 66,000 into two halves. USCIS regulations allow for filings 6 months in advance. However, H-2B petitioners first must obtain a temporary labor certification from the Department of Labor (DOL). DOL regulations stipulate that the application for temporary labor certification may not be filed more than 120 days in advance of the need for the employee to ensure the accuracy of the labor market test. Thus, USCIS normally begins receiving H-2B petitions with employment start dates in October in June or July.
What is the H-2B numerical limit set by Congress?
The H-2B numerical limit set by Congress per fiscal year is 66,000. USCIS notes that, as of October 1, 2007, Congress has not amended the "returning worker" provisions of the Save Our Small and Seasonal Businesses Act of 2005 (SOS Act) to cover FY 2008.
Until October 1, 2007, if a petition was approved only for the purpose of extending an alien’s stay in H-2B status, or only for change or addition of employers or a change in the terms of employment, the worker was not counted against the numerical limit at that time. By contrast, an alien who changes nonimmigrant status to H-2B was generally counted against the annual H-2B cap.
Why does USCIS authorize more H-2B workers than the statutory limit?
USCIS adjudicates H-2B petitions based on the facts presented by the petitioner in the petition. If the alien beneficiaries of the H-2B petition are abroad, USCIS then sends the approved petitions to the Department of State (DOS) for consular processing. Employers, however, may decide after submitting an H-2B petition that the aliens on whose behalf it petitioned are no longer needed. In such cases, DOS will not issue the aliens an H-2B visa. In other instances, some aliens never appear at the consular post for their H-2B visa interview following petition approval. DOS may also deny some H-2B visa applications even though USCIS has approved petitions for these workers. Similarly, DHS Customs and Border Protection (CBP) may determine at a port-of-entry that the beneficiary of an approved H-2B petition is inadmissible and refuse to admit the alien to this country.
Because of such “drop outs,” the number of potential H-2B workers authorized to work by USCIS will exceed the actual number of visas issued based on petition approvals -- the basis of the statutory limit.
Cap
Beneficiaries Approved
Beneficiaries Pending
Beneficiaries Target 1
Total
Date of Last Count
H-2B 1st Half
33,000
------
------
------
Cap
Reached
9/27/2007
H-2B
2nd Half
33,000 2
2,729
4,435
To be determined
7,164
12/4/2007
H-2B Annual (FY 08)
66,000 3
------
------
------
------
------
1 Refers to the estimated numbers of beneficiary applications needed to reach a cap, with an allowance for withdrawals, denials and revocations.
2 A shortfall in the 1st half would be made up in the 2nd half.
3 Visas issued plus beneficiaries changing status already in the United States.
H-3
The H-3 nonimmigrant visa category is for aliens who are coming temporarily to the U.S. to receive training (other than graduate medical education or training). The training may be provided by a business entity, academic, or vocational institute. The H-3 nonimmigrant visa category also includes aliens who are coming temporarily to the U.S. to participate in a special education training program for children with physical, mental, or emotional disabilities. There is a limit of 50 visas per fiscal year allocated to H-3 aliens participating in special education training programs. As of November 29, 2007, one of these H-3 visas had been approved with a start date in FY 2007.
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