As recently reported by The Wall Street Journal, the US has announced plans to change rules for H-1B working visa holders. If implemented, the changes may cost American companies millions of dollars.
The draft guidelines state that employers who currently employ H-1B workers must file an amended visa application AND a Labour Condition Application (LCA) if a worker switches to work premises not covered by the original visa.
How H-1B Working Visa Holders Will Be Affected
For every amended H-1B application filed, the employer will pay $325.
In the past, H-1B visa holders who changed job locations only had to file for an LCA with the Department of Labour – a service that up until now, has been free of charge.
This means that the cost of keeping skilled foreign workers in the United States could skyrocket. In fact, if we include immigration attorney fees (who file visa petitions for most US employers), the process could end up costing companies upwards of $1,000 every time a worker moves job location.
Retrospective Guidelines
Perhaps even more troubling, these draft guidelines will be applied retrospectively to every H-1B visa holder who changed their work location before May 21. If you changed location after May 21, you will be required to submit an amended application.
The immigration agency has allowed employers up until August 19 to file these new applications.
Gagan Sabharwal, the director for trade and development at India’s main software trade body, the National Association of Software and Services Companies, said: “The retroactive clause is the biggest concern the industry has.”Â
Sabharwal also stated the industry body’s concern over the lack of clarity on the timescale and implementation of the guidelines.
He continued: “Companies can’t wait for the decision, which will only give them less than a month’s notice to be able to make changes to thousands of petitions.”
Have You Been Affected by the New H-1B Visa Rules?
If you have been affected by the new H-1B visa rules, we at visaplace can help. Our immigration lawyers will file the amended visa application AND a Labour Condition Application (LCA) on your behalf and make sure that you application is free from any errors that might lead to denial.
The first step towards a successful H-1B application is getting an assessment of your case. Fill out our free immigration assessment form and we will get back to you within 24 hours to discuss your eligibility and options.
President & CEO
Michael Niren
Mr. Niren is CEO of VisaPlace LLC and the President and Managing Partner of VisaPlace Legal Canada, an immigration law firm based in Toronto, and VisaPlace Legal US a law firm registered in The District of Columbia, USA. Mr. Niren is a graduate of Osgoode Hall Law School in Toronto, a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section, American Lawyers Association, and an Associate Member of the American Bar Association.
