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If US employers need to hire aliens to perform specialty work, then employers need to get a H1B visa for
such aliens. H1B allows the alien worker to work in the United States for up to
six years (initial maximum three years plus extension).
To qualify for H1B, the position must be of a "specialty occupation" which requires attainment of a
Bachelor's or high degree as a minimum for entry into the occupation, and the
alien workers must possess required degree including a combination of education
and work experience equivalent to that degree.
Based on AC21 enacted in 2002, extension beyond six-year limit is available now as
long alien’s situation meets either of the factor: first, H-1B alien has an
approval I-140 petition and otherwise eligible for I-485 petition except for
the unavailability of an immigrant visa because of the quota limit; Second,
H-1B alien has a pending labor certification petition or I-140 petition for at
least 365 days.
On December 8, 2004, FY 2005 Omnibus Appropriations bill has been signed into law
by the President Bush, and will be in effect 90 days after the date of
enactment. The key features of this new law are summarized as the following: first,
creating an exemption of certain aliens who earned a Master’s or higher degree
from a US institution or higher education. This exemption is capped at 20,000
per fiscal year. Second, employer must pay 100% of the prevailing wage,
and DOL will provide 4 levels of wages instead of 2 levels. Third,
raising the fee for each H-1B petition from $1,000 to $1,500 permanently
(employers with no more than 25 full-time employees will only be responsible
for ? of the fee amount). Fourth, creating a new $500 fraud fee for
either an initial petition for an H-1B or L visa petition or for a change of
status petition. Except first feature, all others three features related to fee
changes take effect immediately.
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