H1B Visa

New H-1B Hiring Rules – Approved in US Senate

Updated on

Read about the New H1B Memo 2010 that was passed on Jan 8, 2010. Find out if you are affected.

New H1B Visa Rules were introduced in the Senate few days back. US Senate approved new bill  that restricts companies that receive stimulus funding (TARP) from hiring H1B Visa holders. Restriction doesn’t mean they cannot hire H1b Visa holders, but there are additional rules that has to be followed, making it difficult to hire H1B Visa workers.

So, let me explain what I understood from the new H1B Bill ( rule) that senate passed today

H1B Rule from Senate

  1. Companies receiving funding from US Government after stimulus package is passed will be considered ‘H1B Dependent Firm‘
  2. When a company become H1B Dependent Firm, they can hire employees with H1B Visa, but they have to prove no American worker is affected because of hiring an employee in H1B Visa. ( might have more restrictions, but in simple terms, this is what I understood)
  3. There is exception to Step 1. Companies can hire exempt H-1B nonimmigrants

Senate Version vs House Version of H1B bill

US Senators approved the above new H1b Visa Hiring rules. But, US House has a different version of the H1B Hiring rule. So, now US House has to approve the same rule that is approved by US Senators. I think there will be debate on which version to approve and if any changes has to be made.

After both US House and US Senate approves the bill, which is part of huge $8000,000,000,000 stimulus package, US President has to sign the bill. Only then the  Bill will become a Law and can be implemented. So, as of now, its still a bill. This will certainly impact H1B Visa 2010 applications.

Next question you will have

  1. What is H1B Dependent Firm
  2. What is exempt H1B non immigrants

Details about H1B Dependent firm and exempt H1b Non-Immigrants is coming in the next article. but, right now all you need to understand is, new H1B bill is not yet signed by US President to be implemented as Law.

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Note – Above is not legal advise, i have written what I understood about H1B Bill. Seek professional help for legal advise.

Breaking News – New H1B Rules signed by Obama

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14 Comments

  1. United States must to destroy everyone visas because everyone must to came in the USA with out problems. If you don’t go away this visas, The World will hated United States forever.

    Reply

  2. This is demoralizing when the politicians decide to extend H1 visas for illegals while the country is trying to create new jobs and get unemployed people back to work.

    There are millions out of work and yet these corrupt politicians want corporations to hire more indians or chinese workers over US workers that shouldn't be in this country in the first place. there is no shortage of skilled workers the corporations hire them over citizens so they can get away by getting them to work for less money and not worry about paying for their insurance, etc. Most of these people came here on student visas that were given out like free candy by the clintons and now they are still here stealing jobs from US citizens, they should be going back home after their visa expired but nobody cares about illegals in this country anymore. I have been to india and china many times and i know how that system works. Sure they have good economy now but their economy and services is also highly dependent on exports to the US and its easy as turing off a light switch if it gets too far. So its a big lie when they say US will fall behind and all the talent is going back home. Not true!

    Its a big loophole that these illegal workers exploit at the expense of our citizens. So tell the politicians to promote hiring US citizens over illegal indians and send these thousands of people with expired visas to go back home!

    Reply

  3. Hi,

    I am an electrical enginner with more than three years of experience in IT. My current employer is filing H1B visa for me to join on october end in US. Can anyone please let me know about my chances of H1B vis agetting approved? Visa will be filed on 2 July from my current employer which is a US based IT firm.

    Reply

    1. An individual cannot sponsoir himself. It has to be through a registered business ( you can apply thru a gas station as well ! )

      The total expenses come to around $ 5000 – $ 6000 including lawyers fees and documentation…this is my guess though …

      Reply

  8. Is this bill meant to protect American jobs and help Americans get job before an alien resident, or is it meant to discourage more immigration ?

    Reply

  11. Nice job.I keep coming to this blog.So far its been reliable.Kudos to the one who updates it.I hope it remains like this.Looking fwd to :

    What is exempt H1B non immigrants ?

    Reply

    1. I hailed from a poor family and kept many hopes to apply H1B visa from 2008 Jan,I become an victim of Recession and couldn't apply.

      I believe that Never dream and never get hurt.My faith never faiths me to happen what I dream.

      Ohhh god take me away with u from this World…I am fed of with my life

      Reply

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