有關參院最新移民法案中 H1B Visa 的改變

之前我們報道了有關參院通過其最新移民法案的消息，現時此法案正在國會接受審核。盡管 Senate bill與House bill有著不少的分歧，而法案的最終定案還不清楚。但就已通過的Senate bill，我們可以看到其內容將可能涉及到到H-1B每年限額增加，H-1B簽證的申請方式以及其它重要方麵。請看以下有關信息： As many of you are aware, the Senate passed their version of the comprehensive immigration reform bill last week. Please note that this bill is not yet a law and is likely to be changed dramatically once it is passed in the House. While much of the bill deals with the potential legalization of currently undocumented workers and border enforcement, the bill does include some extensive provisions affecting EB-1 and EB-2 immigrant visas as well as nonimmigrant visas. For example, the current version of the bill makes significant changes to the present H1B visa system. This is a general analysis of the potential changes that could be made as a result of the eventual passage of this bill. The Present H1B Regulations Presently, there is a numerical limit for H-1B (professional) workers of 65,000 per fiscal year. Because the fiscal year begin on October 1 and employers are permitted to submit their H1B petitions beginning six months in advance of the proposed start date of the H1B visa, applications are filed beginning April 1 of each year. During the past two months, since April 1 of this year, well over 50,000 H-1B petitions subject to the cap were received by the USCIS. This means that the 65,000 cap will be reached sometime within the next few days, thereby rendering U.S. employers incapable of sponsoring additional H-1B visa holders until October 1, 2007. There is also a 20,000 per year H-1B cap reserved for persons who hold advanced degrees in the U.S. Currently, this cap less than 30% exhausted, meaning that these H-1Bs will probably be available for a few months yet, although there are no guarantees. Certain H-1Bs are exempt from both numerical caps. These include persons applying for H-1B extensions of stay, change of employers, and persons who had H-1B status during the past six years, failed to use their full six years and whose employers are petitioning for H-1B status on their behalf. Also exempt from the H-1B caps are persons employed by universities, by nonprofit entities which are university-affiliated or related, and those employed by governmental or nonprofit, research organizations. If you are maintaining valid nonimmigrant status, you may change your status to H-1B without having to leave the U.S. However, if you must travel abroad, you will not be able to re-enter the U.S. unless you apply for an H-1B visa at a U.S. Embassy or Consulate in your home country. Changes Proposed by the Senate Bill The Senate bill would raise the 65,000 H-1B numerical cap to 115,000. If the numerical cap is reached in a given year, the following year's cap would automatically increase by 20%. The Senate bill would also make major changes in the 20,000 H-1B cap. The 20,000 cap would apply to persons holding advanced degrees from foreign institutions of higher learning while persons holding advanced degrees from U.S. institutions would be exempt from the cap. This change would result in more than doubling the number of advanced degree holders who are able to obtain H-1B status annually. In addition, those persons who have been awarded "medical specialty certification based on post-doctoral training and experience in the United States" would also be exempt from the H-1B cap. This change would allow physicians who have completed residencies and/or fellowships in the U.S., and who have become board-certified, to obtain H-1B status without regard to the numerical caps. The Senate bill would also restore the ability of H-1B visa holders (and holders of certain other types of nonimmigrant visas - E, I, L, O and P) to renew - or "revalidate" - their visas by mail in Washington, D.C. rather than having to leave the U.S. to do so. The exemption from the H-1B caps for employees of non-profit research organizations would be expanded to include employees of all non-profit organizations, whether or not these organizations engage in research. In essence, the proposed changes to the H1B category would render this category much more useful to employers seeking to hire the best and brightest professionals available. Watch this space for developments as this bill is changed in the House. 本文由範毅禹律師事務所提供 本律師事務所精辦各類勞工應聘及專業移民申請 (包括H-1，L-1，EB-1，EB-2，NIW，勞工卡，綠卡等申請)。所有申請由多位美籍律師及擁有15年經驗的範毅禹律師親自處理，我所並特設中英移民網站。內有最新移民新聞資訊及由律師主持的移民問答集，歡迎讀者流覽查詢。 www.fan-law.com (Chinese) www.fanuslaw.com (English) CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]