Thread: Wait's over as US unleashes visa power

http://economictimes.indiatimes.com/art ... 899094.cms

Wait's over as US unleashes visa power

URMI A GOSWAMI
TIMES NEWS NETWORK[ THURSDAY, AUGUST 17, 2006 12:55:14 AM]

NEW DELHI: Good news for H-1B visa hopefuls. The United States Citizenship and Immigration Services has broadened the ambit of exemptions from the annual H-1B cap. By law, foreign skilled workers employed at an institution of higher education, a related or or affilaited non-profit entity, a non-profit research organisation or a governmental research organisation, are not counted in the annual H-1B cap.

The USCIS has now interpreted the law to include those foreign skilled workers on H-1B visas, who though employed by an organisation that is not exempt, are working on projects at the institutions that are exempt from the H-1B cap requirements.

USCIS associate director Michael Aytes in a memo to regional directors and service centre directors explains the rationale behind the interpretation. The US Congress designated certain institutions worthy of an H-1B cap exemption because of the direct benefit they provide to the United States.

Congressional intent was to exempt from the H-1B cap certain alien workers who could provide direct contributions to the United Stated through their work on behalf of institutions of higher education ans related nonprofit entities or nonprofit research organisations or government research organisation. The aim was to ensure that these institutions had acess to a constant supply of H-1B workers.

Fact is the law provides exemption to H-1B workers who are working at these institutions as against by these institutions. This leaves the door open for the interpretation adopted by the USCIS. This allows, non-exempt institutions and companies that have contracts with the exempt federal agencies or education institutes to opt for cap-exempt H-1B workers for their on-site work required to fulfill their contracts.

The broadened exemption will allow for-profit organisations and research centres to employ H-1B workers. To qualify for a cap exempt H-1B worker,the for-profit oreganisation must have an active relationship with a non-profit organisation. The H-1B employee will have to engaged in work that is common to the two organisations, and the H-1B employee will be required to spend majority of time working onsite with the nonprofit organisation.

Maybe it just me but seems that this is not the time for exemptions. You gotta wonder how many folks come in this way. Why don't we take a break. Audit stuff to find out what is and what is not working. What happens to all these people? Is anybody keeping track?

By law, foreign skilled workers employed at an institution of higher education, a related or or affilaited non-profit entity, a non-profit research organisation or a governmental research organisation, are not counted in the annual H-1B cap.

Sure would like to see that more clearly defined. I'm just leery of any of this stuff. Legal or otherwise.

we need more exemptions there are still lazy Americans that have jobs