justin150377
06-22 01:35 AM
Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is present
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mmk123
01-19 08:17 PM
Democrats seem to be loosing senate seat in MA. Message is clear - in this great recession, people don't want more taxes especially when they are happy with their current healthcare policies and their healthcare coverage don't change a dime for those extra taxes. Especially, when MA people are already paying for state universal healthcare. Why should WE pay for THEM?
Probably, this means healthcare reform is dead or congress embraces more conservative bill passed by senate. End of road for more tax burdensome things like cap-n-trade, climate change bill or controversial bills like immigration reform unless some less-conservative republicans are on board. If it is ever considered, be ready for more durbin-grassley measures in the final bill. Fate of the bill depends on what matters for elections in 2010, probably more populist measures like tax cuts, another stimulus, job growth measures will be focussed for rest of the year..
Probably, this means healthcare reform is dead or congress embraces more conservative bill passed by senate. End of road for more tax burdensome things like cap-n-trade, climate change bill or controversial bills like immigration reform unless some less-conservative republicans are on board. If it is ever considered, be ready for more durbin-grassley measures in the final bill. Fate of the bill depends on what matters for elections in 2010, probably more populist measures like tax cuts, another stimulus, job growth measures will be focussed for rest of the year..
a_yaja
01-16 09:17 PM
Hi,
How do I file my taxes when I was on an OPT for 9 months and 3 months on H1B?
Also,
8 Months of the OPT was in Cincinnati and 1 Month in Chicago.
3 Months of the H1B was in Chicago.
Can I use Turbo Tax to file my taxes or should I go to an accountant?
I got 2 w2 forms from my employer. 1 for the time I worked in Cincinnati and 1 for Chicago. I am not sure if they are 2 different w2 forms or just 1, because on 1 of the w2 forms it says "1 of 2 w2 form" and on the other it says "2 of 2 w2 form".
I am pretty confused, so if anyone was in a similar situation can please let me know what they did, that would be great.
Thanks,
Deejay
There is no difference in filing taxes when you were on OPT vs H1B (by this I mean there are no different forms). When you were on OPT, Social Security and Medicare should not have been with held from your paycheck. If it was, then you need to ask for refund of those taxes from the employer who with held that tax. As far as Cincinnati and Chicago are concerned, nothing special to do for Federal Income tax. However, for state income tax, you will have to file income tax for both Ohio and Illinois as part year resident.
Having said the above, it is your choice to go to a tax consultant or do it on your own or to use Turbo Tax. If you want 100% peace of mind, go to a good accountant. If you want to save money and you think you can handle things on your own, go through all the instructions on all the forms and file it on your own. If you want a little bit of both - you can use Turbo Tax or any other tax software to file your taxes. If you are single, don't own a home and you think yours is a straight forward case (no deductions for work related expenses, medical bills, etc) - you should pretty much be able to do it on your own.
All my initial filings were 1040 NR EZ and so I really did not need any help. In 2005, I got my tax done through IBSN (really horrible experience and I don't think I will ever go to them again) and have used that as template for next year (not much change in my details other that annual increase in salary). Nowadays I use Tax Act standard (standard version is free and also does a free eFile). I have found TaxAct to be really good (even better than IBSN - in that no money charged & spit out the same forms as IBSN preparers) but it asks too many questions which can at times be confusing (at such times I ask my friend google.com). Turbo tax might be a little bit more user friendly, but I suspect like Tax Act it will ask a lot of questions too (and it has user friendly wizards like Deduction Finder, Deduction Maximizer, etc - everything that Tax Act has too - but without any fancy names).
How do I file my taxes when I was on an OPT for 9 months and 3 months on H1B?
Also,
8 Months of the OPT was in Cincinnati and 1 Month in Chicago.
3 Months of the H1B was in Chicago.
Can I use Turbo Tax to file my taxes or should I go to an accountant?
I got 2 w2 forms from my employer. 1 for the time I worked in Cincinnati and 1 for Chicago. I am not sure if they are 2 different w2 forms or just 1, because on 1 of the w2 forms it says "1 of 2 w2 form" and on the other it says "2 of 2 w2 form".
I am pretty confused, so if anyone was in a similar situation can please let me know what they did, that would be great.
Thanks,
Deejay
There is no difference in filing taxes when you were on OPT vs H1B (by this I mean there are no different forms). When you were on OPT, Social Security and Medicare should not have been with held from your paycheck. If it was, then you need to ask for refund of those taxes from the employer who with held that tax. As far as Cincinnati and Chicago are concerned, nothing special to do for Federal Income tax. However, for state income tax, you will have to file income tax for both Ohio and Illinois as part year resident.
Having said the above, it is your choice to go to a tax consultant or do it on your own or to use Turbo Tax. If you want 100% peace of mind, go to a good accountant. If you want to save money and you think you can handle things on your own, go through all the instructions on all the forms and file it on your own. If you want a little bit of both - you can use Turbo Tax or any other tax software to file your taxes. If you are single, don't own a home and you think yours is a straight forward case (no deductions for work related expenses, medical bills, etc) - you should pretty much be able to do it on your own.
All my initial filings were 1040 NR EZ and so I really did not need any help. In 2005, I got my tax done through IBSN (really horrible experience and I don't think I will ever go to them again) and have used that as template for next year (not much change in my details other that annual increase in salary). Nowadays I use Tax Act standard (standard version is free and also does a free eFile). I have found TaxAct to be really good (even better than IBSN - in that no money charged & spit out the same forms as IBSN preparers) but it asks too many questions which can at times be confusing (at such times I ask my friend google.com). Turbo tax might be a little bit more user friendly, but I suspect like Tax Act it will ask a lot of questions too (and it has user friendly wizards like Deduction Finder, Deduction Maximizer, etc - everything that Tax Act has too - but without any fancy names).
2011 Gibson+les+paul+studio+
ItIsNotFunny
09-09 04:20 PM
While on EAD, what type of entity (LLC, S Corp, C Corp) is the best one?
S Corporation. For detailed information visit LegalZoom.com. Make sure you just get information from there, don't go through them.
S Corporation. For detailed information visit LegalZoom.com. Make sure you just get information from there, don't go through them.
more...
reddymjm
03-06 09:00 AM
Hey fill in ur info.
kminkeller
03-09 02:49 PM
Completely valid question ivgclive. Yes it has been more than 3 years that I had EAD. Only fear that I have right now is for EAD you need to have a job at all times in case I get an RFE or any kind of notice to prove that I am working on similar job. In this economy you never know what is going to happen. You have a job now and you may not have it later. That is what concerns me a lot coz I have a family here and bought a house and other responsibilities. So I was hoping porting to EB2 was not that long process from Labor, I140 then I485. and that is why I needed to know if I need H1 to apply for Labor on EB2.
BTW is there a chance USCIS can reject my application in case I don't have my job? If they cannot reject my application then I am fine with just EAD until i get my GC.
Thanks.
BTW is there a chance USCIS can reject my application in case I don't have my job? If they cannot reject my application then I am fine with just EAD until i get my GC.
Thanks.
more...
smsthss
07-05 12:36 PM
anybody on this !!
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arihant
05-23 06:54 AM
As many of you have been following, there are some provisions that benefit folks with advanced degree in STEM from US universities by exempting them from the Visa quota. I think CIR in its current form has a provision and the Cornyn (4005) and the Brownback (4058) ammendments that are yet to be introduced also have some such provisions.
My question is, will people who qualify under this category still have to clear labor? If so, then those of us who are stuck in BEC can only wait and watch while those who have cleared using PERM will go ahead. We could transfer from BEC to PERM but this is not as easy as it sounds. We could also apply fresh in PERM (as retrogression will not apply, hence PD will not matter) but this is also not as easy as it sounds for folks who are in 7th year or greater in H1B.
Any thoughts or comments?
My question is, will people who qualify under this category still have to clear labor? If so, then those of us who are stuck in BEC can only wait and watch while those who have cleared using PERM will go ahead. We could transfer from BEC to PERM but this is not as easy as it sounds. We could also apply fresh in PERM (as retrogression will not apply, hence PD will not matter) but this is also not as easy as it sounds for folks who are in 7th year or greater in H1B.
Any thoughts or comments?
more...
purgan
04-13 10:13 AM
USINPAC, for instance, promotes its role in the India-US nuclear deal.
It has also listed immigration as one of its issues, but all it cares about there is family immigration, so all those citizens can sponsor their own relatives. A bunch of A$^#^
himu73, why don't you try to contact these two oganizations + USINPAC to see what kind of traction you can get? The core is busy and needs all the help it can get. Are you upto it?
It has also listed immigration as one of its issues, but all it cares about there is family immigration, so all those citizens can sponsor their own relatives. A bunch of A$^#^
himu73, why don't you try to contact these two oganizations + USINPAC to see what kind of traction you can get? The core is busy and needs all the help it can get. Are you upto it?
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psaxena
06-10 05:37 PM
people say I support it as if they are in the congress committee and the moment they say "I support it", the idea become a bill and gets passed.
I support it.
I support it.
more...
Rockford
07-16 02:57 PM
Guys , read the core update on the home page !!!
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GCBy3000
07-25 12:36 PM
This is under ideal conditions. How many 485 has complications and how many are not arranged properly. They have to consider everything. Just to get the papers right for review might take several hours. In between, they may be called for meeting, smoke break, tea break. So give them some slack. Two applications per day is good enough work for an employee considering each app has one or two dependends.
Last but not least, the ex-director or USCIS is an anti-immigrant and was member of an active anti-immigrant group. Now you go and figure how USCIS will work. Even if numbersusa is good enough to take 10% of USCIS into their org, we are screwd and they are doing it already.
Last but not least, the ex-director or USCIS is an anti-immigrant and was member of an active anti-immigrant group. Now you go and figure how USCIS will work. Even if numbersusa is good enough to take 10% of USCIS into their org, we are screwd and they are doing it already.
more...
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gee_see
10-19 09:05 AM
There was no response when i posted same issue couple of weeks ago. Does it imply that no one is facing this type of issue? or .... it will be outright denial case?
Please share your thoughts
Please share your thoughts
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gkaplan
04-22 12:03 PM
thank you so much
I was thinking the same.
so do you think should i transfer to H1B and how does it happen.
thanks for sharing your opinions on my query.
I was thinking the same.
so do you think should i transfer to H1B and how does it happen.
thanks for sharing your opinions on my query.
more...
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radhay
06-20 11:07 AM
I am in the same boat (completing a decade of career in US). Can they hire you as a consulting PM so you can still stay with your current employer?
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GotGC??
01-02 03:15 PM
Please see in-line:
Hi everyone,
I am currently on a H4 Visa. The H4 visa on my passport expires on 20 June 2007. My husband recently got a 3 year extension on his H1 ( I 140 approved) and because of him, my H4 is also extended for 3 years (valid from 10/23/2006 to 08/07/2009 )
I intend to travel abroad in february 2007 to be back in the US by march 2007.
I have a few questions in this regard:
1. Can I travel on my current H4 visa which expires on 06/20/2007 or should I get a new H4 visa stamped with my 3 year extension before I travel?
You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.
2. If I travel on my current H4 visa , is there even a remote possibility of being stopped at Immigration because of my new extension?
Technically, the visa is just permission and not a guarantee for re-entry. But I do not see how a new approved petition would affect it. Just make sure you carry the current & new approvals with you. In fact, if you present the new approval at the time of re-entry the officer can give you a I-94 with an expiry date that is the same as the expiry of the new approval !!
3. Also if I decide to travel on my current H4 visa, since I only have 4-5 months left before it expires, will US immigration pose any problems when I re-enter in US?
See above.
This is purely from my personal experience; not sure how well it applies to your specific situation. Please check with an attorney for your specific situation.
I would greatly appreciate if you can respond to my questions.
Thank you very much in advance.
Hi everyone,
I am currently on a H4 Visa. The H4 visa on my passport expires on 20 June 2007. My husband recently got a 3 year extension on his H1 ( I 140 approved) and because of him, my H4 is also extended for 3 years (valid from 10/23/2006 to 08/07/2009 )
I intend to travel abroad in february 2007 to be back in the US by march 2007.
I have a few questions in this regard:
1. Can I travel on my current H4 visa which expires on 06/20/2007 or should I get a new H4 visa stamped with my 3 year extension before I travel?
You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.
2. If I travel on my current H4 visa , is there even a remote possibility of being stopped at Immigration because of my new extension?
Technically, the visa is just permission and not a guarantee for re-entry. But I do not see how a new approved petition would affect it. Just make sure you carry the current & new approvals with you. In fact, if you present the new approval at the time of re-entry the officer can give you a I-94 with an expiry date that is the same as the expiry of the new approval !!
3. Also if I decide to travel on my current H4 visa, since I only have 4-5 months left before it expires, will US immigration pose any problems when I re-enter in US?
See above.
This is purely from my personal experience; not sure how well it applies to your specific situation. Please check with an attorney for your specific situation.
I would greatly appreciate if you can respond to my questions.
Thank you very much in advance.
more...
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guy03062
04-17 11:22 AM
Also when last year, congress approved recaptured 50,000 visas per year for Nurses, USCIS updated it immediately after Bush signed the law and also published interim visa bulletin to reflect those changes.
Same way, how should we interpret here in case this immigration bill is signed by Bush, will USCIS allow to get us those benefits immediately or need to wait 90 days?
Last time when Bill Clinton signed similar bill, it became effective immediately. So this should also be immediate.
Same way, how should we interpret here in case this immigration bill is signed by Bush, will USCIS allow to get us those benefits immediately or need to wait 90 days?
Last time when Bill Clinton signed similar bill, it became effective immediately. So this should also be immediate.
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Blog Feeds
01-27 08:30 AM
Summary
(LINK TO FULL REPORT BELOW)
Congress created the H-1B program in 1990 to enable U.S. employers to hire temporary, foreign workers in specialty occupations. The law capped the number of H-1B visas issued per fiscal year at 65,000. Since then, the cap has fluctuated with legislative changes. Congress asked GAO to assess the impact of the cap on the ability of domestic companies to innovate, while ensuring that U.S. workers are not disadvantaged. In response, GAO examined what is known about (1) employer demand for H-1B workers; (2) how the cap affects employer costs and decisions to move operations overseas; (3) H-1B worker characteristics and the potential impact of raising the cap; and (4) how well requirements of the H-1B program protect U.S. workers. GAO analyzed data from 4 federal agencies; interviewed agency officials, experts, and H-1B employers; and reviewed agency documents and literature.
In most years, demand for new H-1B workers exceeded the cap: From 2000 to 2009, demand for new H-1B workers tended to exceed the cap, as measured by the numbers of initial petitions submitted by employers who are subject to the cap. There is no way to precisely determine the level of any unmet demand among employers, since they tend to stop submitting (and the Department of Homeland Security stops tracking) petitions once the cap is reached each year. When we consider all initial petitions, including those from universities and research institutions that are not subject to the cap, we find that demand for new H-1B workers is largely driven by a small number of employers. Over the decade, over 14 percent of all initial petitions were submitted by cap-exempt employers, and only a few employers (fewer than 1 percent) garnered over one-quarter of all H-1B approvals. Most interviewed companies said the H-1B cap and program created costs, but were not factors in their decisions to move R&D overseas: The 34 H-1B employers GAO interviewed reported that the cap has created some additional costs, though the cap's impact depended on the size and maturity of the company. For example, in years when visas were denied by the cap, most large firms reported finding other (sometimes more costly) ways to hire their preferred job candidates. On the other hand, small firms were more likely to fill their positions with different candidates, which they said resulted in delays and sometimes economic losses, particularly for firms in rapidly changing technology fields. Limitations in agency data and systems hinder tracking the cap and H-1B workers over time: The total number of H-1B workers in the U.S. at any one time--and information about the length of their stay--is unknown, because (1) data systems among the various agencies that process such individuals are not linked so individuals cannot be readily tracked, and (2) H-1B workers are not assigned a unique identifier that would allow for tracking them over time--particularly if and when their visa status changes. Restricted agency oversight and statutory changes weaken protections for U.S. workers: Elements of the H-1B program that could serve as worker protections--such as the requirement to pay prevailing wages, the visa's temporary status, and the cap itself--are weakened by several factors. First, program oversight is fragmented and restricted. Second, the H-1B program lacks a legal provision for holding employers accountable to program requirements when they obtain H-1B workers through a staffing company. Third, statutory changes made to the H-1B program have, in combination and in effect, increased the pool of H-1B workers beyond the cap and lowered the bar for eligibility. Taken together, the multifaceted challenges identified in this report show that the H-1B program, as currently structured, may not be used to its full potential and may be detrimental in some cases. This report offers several matters for congressional consideration, including that Congress re-examine key H-1B program provisions and make appropriate changes as needed. GAO also recommends that the Departments of Homeland Security and Labor take steps to improve efficiency, flexibility, and monitoring of the H-1B program. Homeland Security disagreed with two recommendations and one matter, citing logistical and other challenges; however, we believe such challenges can be overcome. Labor did not respond to our recommendations.
Recommendations
Our recommendations from this work are listed below with a Contact for more information. Status will change from "In process" to "Open," "Closed - implemented," or "Closed - not implemented" based on our follow up work.
Director:Andrew SherrillTeam:Government Accountability Office: Education, Workforce, and Income SecurityPhone:(202) 512-7252
Matters for Congressional Consideration
Recommendation: To ensure that the H-1B program continues to meet the needs of businesses in a global economy while maintaining a balance of protections for U.S. workers, Congress may wish to consider reviewing the merits and shortcomings of key program provisions and making appropriate changes as needed. Such a review may include, but would not necessarily be limited to (1) the qualifications required for workers eligible under the H-1B program, (2) exemptions from the cap, (3) the appropriateness of H-1B hiring by staffing companies, (4) the level of the cap, and (5) the role the program should play in the U.S. immigration system in relationship to permanent residency.
Status: In process
Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendation: To reduce duplication and fragmentation in the administration and oversight of the H-1B application process, consistent with past GAO matters for congressional consideration, Congress may wish to consider eliminating the requirement that employers first submit a Labor Condition Application (LCA) to the Department of Labor for certification, and require instead that employers submit this application along with the I-129 application to the Department of Homeland Security's U.S. Citizenship and Immigration Services for review.
Status: In process
Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendation: To improve the Department of Labor's ability to investigate and enforce employer compliance with H-1B program requirements, Congress may wish to consider granting the department subpoena power to obtain employer records during investigations under the H-1B program.
Status: In process
Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendation: To help ensure the full protection of H-1B workers employed through staffing companies, Congress may wish to consider holding the employer where an H-1B visa holder performs work accountable for meeting program requirements to the same extent as the employer that submitted the LCA form.
Status: In process
Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendations for Executive Action
Recommendation: To help ensure that the number of new H-1B workers who are subject to the cap--both entering the United States and changing to H-1B status within the United States--does not exceed the cap each year, U.S. Citizenship and Immigration Services should take steps to improve its tracking of the number of approved H-1B applications and the number of issued visas under the cap by fully leveraging the transformation effort currently under way, which involves the adoption of an electronic petition processing system that will be linked to the Department of State's tracking system. Such steps should ensure that linkages to the Department of State's tracking system will provide Homeland Security with timely access to data on visa issuances, and that mechanisms for tracking petitions and visas against the cap are incorporated into U.S. Citizenship and Immigration Services' business rules to be developed for the new electronic petition system.
Agency Affected: Department of Homeland Security
Status: In process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To address business concerns without undermining program integrity, U.S. Citizenship and Immigration Services should, to the extent permitted by its existing statutory authority, explore options for increasing the flexibility of the application process for H-1B employers, such as (1) allowing employers to rank their applications for visa candidates so that they can hire the best qualified worker for the jobs in highest need; (2) distributing the applications granted under the annual cap in allotments throughout the year (e.g. quarterly); and (3) establishing a system whereby businesses with a strong track-record of compliance with H-1B regulations may use a streamlined application process.
Agency Affected: Department of Homeland Security
Status: In process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To improve the transparency and oversight of the posting requirement on the Labor Condition Application (LCA), as part of its current oversight role, the Employment and Training Administration should develop and maintain a centralized Web site, accessible to the public, where businesses must post notice of the intent to hire H-1B workers. Such notices should continue to specify the job category and worksite location noted on the LCA and required by statute on current noncentralized postings.
Agency Affected: Department of Labor
Status: In process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To improve the efficiency and effectiveness of its investigations of employer compliance with H-1B requirements, the Employment and Training Administration should provide Labor's Wage and Hour Division searchable access to the LCA database.
Agency Affected: Department of Labor
Status: In process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
VIEW FULL REPORT (http://www.gao.gov/new.items/d1126.pdf)
More... (http://ashwinsharma.com/2011/01/25/h-1b-visa-program-reforms-are-needed-to-minimize-the-risks-and-costs-of-current-program.aspx?ref=rss)
(LINK TO FULL REPORT BELOW)
Congress created the H-1B program in 1990 to enable U.S. employers to hire temporary, foreign workers in specialty occupations. The law capped the number of H-1B visas issued per fiscal year at 65,000. Since then, the cap has fluctuated with legislative changes. Congress asked GAO to assess the impact of the cap on the ability of domestic companies to innovate, while ensuring that U.S. workers are not disadvantaged. In response, GAO examined what is known about (1) employer demand for H-1B workers; (2) how the cap affects employer costs and decisions to move operations overseas; (3) H-1B worker characteristics and the potential impact of raising the cap; and (4) how well requirements of the H-1B program protect U.S. workers. GAO analyzed data from 4 federal agencies; interviewed agency officials, experts, and H-1B employers; and reviewed agency documents and literature.
In most years, demand for new H-1B workers exceeded the cap: From 2000 to 2009, demand for new H-1B workers tended to exceed the cap, as measured by the numbers of initial petitions submitted by employers who are subject to the cap. There is no way to precisely determine the level of any unmet demand among employers, since they tend to stop submitting (and the Department of Homeland Security stops tracking) petitions once the cap is reached each year. When we consider all initial petitions, including those from universities and research institutions that are not subject to the cap, we find that demand for new H-1B workers is largely driven by a small number of employers. Over the decade, over 14 percent of all initial petitions were submitted by cap-exempt employers, and only a few employers (fewer than 1 percent) garnered over one-quarter of all H-1B approvals. Most interviewed companies said the H-1B cap and program created costs, but were not factors in their decisions to move R&D overseas: The 34 H-1B employers GAO interviewed reported that the cap has created some additional costs, though the cap's impact depended on the size and maturity of the company. For example, in years when visas were denied by the cap, most large firms reported finding other (sometimes more costly) ways to hire their preferred job candidates. On the other hand, small firms were more likely to fill their positions with different candidates, which they said resulted in delays and sometimes economic losses, particularly for firms in rapidly changing technology fields. Limitations in agency data and systems hinder tracking the cap and H-1B workers over time: The total number of H-1B workers in the U.S. at any one time--and information about the length of their stay--is unknown, because (1) data systems among the various agencies that process such individuals are not linked so individuals cannot be readily tracked, and (2) H-1B workers are not assigned a unique identifier that would allow for tracking them over time--particularly if and when their visa status changes. Restricted agency oversight and statutory changes weaken protections for U.S. workers: Elements of the H-1B program that could serve as worker protections--such as the requirement to pay prevailing wages, the visa's temporary status, and the cap itself--are weakened by several factors. First, program oversight is fragmented and restricted. Second, the H-1B program lacks a legal provision for holding employers accountable to program requirements when they obtain H-1B workers through a staffing company. Third, statutory changes made to the H-1B program have, in combination and in effect, increased the pool of H-1B workers beyond the cap and lowered the bar for eligibility. Taken together, the multifaceted challenges identified in this report show that the H-1B program, as currently structured, may not be used to its full potential and may be detrimental in some cases. This report offers several matters for congressional consideration, including that Congress re-examine key H-1B program provisions and make appropriate changes as needed. GAO also recommends that the Departments of Homeland Security and Labor take steps to improve efficiency, flexibility, and monitoring of the H-1B program. Homeland Security disagreed with two recommendations and one matter, citing logistical and other challenges; however, we believe such challenges can be overcome. Labor did not respond to our recommendations.
Recommendations
Our recommendations from this work are listed below with a Contact for more information. Status will change from "In process" to "Open," "Closed - implemented," or "Closed - not implemented" based on our follow up work.
Director:Andrew SherrillTeam:Government Accountability Office: Education, Workforce, and Income SecurityPhone:(202) 512-7252
Matters for Congressional Consideration
Recommendation: To ensure that the H-1B program continues to meet the needs of businesses in a global economy while maintaining a balance of protections for U.S. workers, Congress may wish to consider reviewing the merits and shortcomings of key program provisions and making appropriate changes as needed. Such a review may include, but would not necessarily be limited to (1) the qualifications required for workers eligible under the H-1B program, (2) exemptions from the cap, (3) the appropriateness of H-1B hiring by staffing companies, (4) the level of the cap, and (5) the role the program should play in the U.S. immigration system in relationship to permanent residency.
Status: In process
Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendation: To reduce duplication and fragmentation in the administration and oversight of the H-1B application process, consistent with past GAO matters for congressional consideration, Congress may wish to consider eliminating the requirement that employers first submit a Labor Condition Application (LCA) to the Department of Labor for certification, and require instead that employers submit this application along with the I-129 application to the Department of Homeland Security's U.S. Citizenship and Immigration Services for review.
Status: In process
Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendation: To improve the Department of Labor's ability to investigate and enforce employer compliance with H-1B program requirements, Congress may wish to consider granting the department subpoena power to obtain employer records during investigations under the H-1B program.
Status: In process
Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendation: To help ensure the full protection of H-1B workers employed through staffing companies, Congress may wish to consider holding the employer where an H-1B visa holder performs work accountable for meeting program requirements to the same extent as the employer that submitted the LCA form.
Status: In process
Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendations for Executive Action
Recommendation: To help ensure that the number of new H-1B workers who are subject to the cap--both entering the United States and changing to H-1B status within the United States--does not exceed the cap each year, U.S. Citizenship and Immigration Services should take steps to improve its tracking of the number of approved H-1B applications and the number of issued visas under the cap by fully leveraging the transformation effort currently under way, which involves the adoption of an electronic petition processing system that will be linked to the Department of State's tracking system. Such steps should ensure that linkages to the Department of State's tracking system will provide Homeland Security with timely access to data on visa issuances, and that mechanisms for tracking petitions and visas against the cap are incorporated into U.S. Citizenship and Immigration Services' business rules to be developed for the new electronic petition system.
Agency Affected: Department of Homeland Security
Status: In process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To address business concerns without undermining program integrity, U.S. Citizenship and Immigration Services should, to the extent permitted by its existing statutory authority, explore options for increasing the flexibility of the application process for H-1B employers, such as (1) allowing employers to rank their applications for visa candidates so that they can hire the best qualified worker for the jobs in highest need; (2) distributing the applications granted under the annual cap in allotments throughout the year (e.g. quarterly); and (3) establishing a system whereby businesses with a strong track-record of compliance with H-1B regulations may use a streamlined application process.
Agency Affected: Department of Homeland Security
Status: In process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To improve the transparency and oversight of the posting requirement on the Labor Condition Application (LCA), as part of its current oversight role, the Employment and Training Administration should develop and maintain a centralized Web site, accessible to the public, where businesses must post notice of the intent to hire H-1B workers. Such notices should continue to specify the job category and worksite location noted on the LCA and required by statute on current noncentralized postings.
Agency Affected: Department of Labor
Status: In process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To improve the efficiency and effectiveness of its investigations of employer compliance with H-1B requirements, the Employment and Training Administration should provide Labor's Wage and Hour Division searchable access to the LCA database.
Agency Affected: Department of Labor
Status: In process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
VIEW FULL REPORT (http://www.gao.gov/new.items/d1126.pdf)
More... (http://ashwinsharma.com/2011/01/25/h-1b-visa-program-reforms-are-needed-to-minimize-the-risks-and-costs-of-current-program.aspx?ref=rss)
hairstyles Gibson+les+paul+studio+
cool_guy_onnet1
06-01 01:51 PM
unfortunately anything that says/reads no cap on h1 will be shot down as soon as it takes off...
Plus, H1B is debated and decided upon (pro-H1B's are quite happy as-is), EB has not been debated at all.
Plus, H1B is debated and decided upon (pro-H1B's are quite happy as-is), EB has not been debated at all.
snathan
08-30 10:25 PM
Can somebody tell me what are the chances of getting audited if PERM is applied in the next week or so? My lawyer is not Fragoman.
Nobody knows... Keep your fingers crossed and pray your luck.
Nobody knows... Keep your fingers crossed and pray your luck.
go_gc_way
06-01 03:55 PM
We have discussed this issue earlier on this forum.
IV really wishes that this is possible but the truth is that when CIR has already been passed in the Senate, there is no way that Frist (or any other senator for that matter) will allow for the introduction of another immigration bill now.
So if we need to proceed with a legal immigrant's only bill, we will atleast have to wait till CIR dies. So don't get your hopes high now.
Question for Foks asking for a separate bill : I understand from Admins answer above , this may not be possible now.
My question is , separting this from CIR will QUICKEN the proceedings with respect to our issues?
Question for Admin : Was this poll started by IV?
BTW I have voted in favor of a separate bill assuming it will quicken things. Thanks.
IV really wishes that this is possible but the truth is that when CIR has already been passed in the Senate, there is no way that Frist (or any other senator for that matter) will allow for the introduction of another immigration bill now.
So if we need to proceed with a legal immigrant's only bill, we will atleast have to wait till CIR dies. So don't get your hopes high now.
Question for Foks asking for a separate bill : I understand from Admins answer above , this may not be possible now.
My question is , separting this from CIR will QUICKEN the proceedings with respect to our issues?
Question for Admin : Was this poll started by IV?
BTW I have voted in favor of a separate bill assuming it will quicken things. Thanks.
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