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H-1B Workers can have more than one Employer: USCIS

December 2017, 14
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US-based overseas workers, on an H1B visa, may soon work for more than a single company, as per the statement was given by the immigration agency.  The H1B visa is meant for non-immigrants and permits companies based in the USA, to take up foreign workers on its role to do in specialty jobs which require technical or theoretical expertise. Many technology companies are dependent on it, for hiring employees, every year from China and India. 

USCIS has said that H1B workers can have employers more than one, but are required to have an approval, though I-129, for every employer.

All New employers must petition an I-129, before the commencement of work. This Form is meant for workers who are non-immigrants and is given to the USCIS, by employers/prospective employers, to get/amend all the relevant details of workers with a non-immigrant visa status. 

The Congress has mandated that the yearly numerical limit of H1B visa can be capped at 65,000 in each financial year. The initial 20,000 formal requests filed for beneficiaries having a master's degree from the US are exempted from this cap.  Moreover, H1B workers seeking or presently employed in an institution, associated with higher education, or any of its affiliated/related non-profit entities/non-profit research organization/government research organizations, do not figure in this cap. 

The Cato Institute has reported that for the year 2015, 56 percent of all employment-based green cards were given to the members of the family of workers. Only 44 percent workers received it.  In case there was an exemption for family members, from this quota, or if there was a different category, for giving a green card to them, it would have been possible for 76,711 top immigrant workers with skills, to get a green card in 2015, with no need to an increase in the quota. In 2015, 85 percent of the receivers, of the employment-based green card, had a legal status to live in the country. 

They were in a position to alter their status of immigration from an F visa or H-1B.

Exempting a few of them from the green card category would allow many skilled workers to enter. Immigration Attorney Tsion Chudnovsky wrote in a blog that immigration lawyers witnessed a change in visa processing in 2017. The denial rates are expected to go up to 40 percent in the present year in the H1B cap. 

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