有关参院最新移民法案中 H1B Visa 的改变

之前我们报道了有关参院通过其最新移民法案的消息，现时此法案正在国会接受审核。尽管 Senate bill与House bill有着不少的分歧，而法案的最终定案还不清楚。但就已通过的Senate bill，我们可以看到其内容将可能涉及到到H-1B每年限额增加，H-1B签证的申请方式以及其它重要方面。请看以下有关信息： 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. 本文由范毅禹律师事务所提供 本律师事务所精办各类劳工应聘及专业移民申请 (包括H-1，L-1，EB-1，EB-2，NIW，劳工卡，绿卡等申请)。所有申请由多位美籍律师及拥有15年经验的范毅禹律师亲自处理，我所并特设中英移民网站。内有最新移民新闻资讯及由律师主持的移民问答集，欢迎读者流览查询。 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]