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Immigration Blog

2017 H1B Visa and Green Card Reports Released

By Bill at January 02, 2017 20:54
Filed Under: Immigration News
Myvisajobs.com, the leading employment website for immigrants, has released its 12nd Annual H1B Visa and Employment-based Green Card reports.

During the fiscal year 2016, U.S. employers submitted 647,852 labor condition applications for H-1B visas, and Department of Labor made decisions on 126,143 permanent labor certifications for green cards*.

To help you pitch the employers who are more likely to sponsor you in 2017, we have updated all employers' contact information and added demographic profiles of their foreign workers. Click to see example profile and contact person list.

  1. 2017 Top 100 H1B Visa Sponsor
  2. 2017 Top H1B Visa Sponsors by Status: Certified, Denied or Withdrawn
  3. 2017 Top H1B Visa Sponsors by Job Title
  4. 2017 Top H1B Visa Sponsors by Work State
  5. 2017 Top H1B Visa Sponsors by Work City
  6. 2017 Top H1B Visa Sponsors by Occupation
  7. 2017 Top H1B Visa Sponsors by Industry
  8. 2017 Top 100 Green Card Sponsor
  9. 2017 Top Green Card Sponsors by Status: Certified, Denied or Withdrawn
  10. 2017 Top Green Card Sponsors by Country of Citizenship
  11. 2017 Top Green Card Sponsors by Visa Status
  12. 2017 Top Green Card Sponsors by Job Title
  13. 2017 Top Green Card Sponsors by Work State
  14. 2017 Top Green Card Sponsors by Work City
  15. 2017 Top Green Card Sponsors by Occupation
  16. 2017 Top Green Card Sponsors by Industry
The employers are always looking for skilled workers, make sure you polish your resume and update your career profiles regularly.

We are updating employers' contact information to make Resume Blasting and Smart Apply more accurate and effective. Try them now!

*: The number of LCA includes new, renewed, transferred and cap-exempt LCA. Please visit our H-1B Visa section to learn more.    

New immigration rules make H-1B visa program friendlier

By Bill at December 08, 2016 22:12
Filed Under: Immigration News
WASHINGTON--USCIS has published a final rule to make H-1B visa program friendlier to the foreign workers and their families. The new regulations which will go into effect on January 17 2017, will also make U.S. employers easier to hire and retain foreigners. 

The USCIS will allow terminated H1B visa holders a grace period of 60 days to either leave or sort out their paperwork for new jobs. 

The rule will also prevent the revocation of I-140 by employers for those employees who have held it for more 180 days but whose services were terminated. So the employees will not lose their turn in the protracted green card process once they change over to new jobs. 

Another significant change is that USCIS will automatically extend the employment authorization and validity of Employment Authorization Documents (EADs or Form I-766s) for certain individuals who apply on time to renew their EADs.This is great news for the H-4 visa holders who come as spouses of H-1B visa workers. 

Please visit our work visa blog or the published final rule for more information. 

The unemployment rate in U.S. is now just 4.6%. The employers are desperately looking for skilled foreign workers. It is time for you to update your career profile and pitch potential employers now!



Not all jobs are created equal!
http://www.myvisajobs.com

USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

By Bill at December 08, 2016 17:06
Filed Under: Immigration News
Release Date: November 18, 2016

WASHINGTON— USCIS has published a final rule to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs. USCIS has also amended regulations to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent residents. This rule goes into effect on Jan. 17, 2017.

Among other things, DHS is amending its regulations to:

  • Clarify and improve longstanding DHS policies and practices implementing sections of the American Competitiveness in the Twenty-First Century Act and the American Competitiveness and Workforce Improvement Act related to certain foreign workers, which will enhance USCIS’ consistency in adjudication.  
  • Better enable U.S. employers to employ and retain high-skilled workers who are beneficiaries of approved employment-based immigrant visa petitions (Form I-140 petitions) while also providing stability and job flexibility to these workers. The rule increases the ability of these workers to further their careers by accepting promotions, changing positions with current employers, changing employers and pursuing other employment opportunities. 
  • Improve job portability for certain beneficiaries of approved Form I-140 petitions by maintaining a petition’s validity under certain circumstances despite an employer’s withdrawal of the approved petition or the termination of the employer’s business. 
  • Clarify and expand when individuals may keep their priority date when applying for adjustment of status to lawful permanent residence. 
  • Allow certain high-skilled individuals in the United States with E-3, H-1B, H-1B1, L-1 or O-1 nonimmigrant status, including any applicable grace period, to apply for employment authorization for a limited period if:
  1. They are the principal beneficiaries of an approved Form I-140 petition,
  2. An immigrant visa is not authorized for issuance for their priority date, and
  3. They can demonstrate compelling circumstances exist that justify DHS issuing an employment authorization document in its discretion.

Such employment authorization may only be renewed in limited circumstances and only in one year increments.

  • Clarify various policies and procedures related to the adjudication of H-1B petitions, including, among other things, providing H-1B status beyond the six year authorized period of admission, determining cap exemptions and counting workers under the H-1B cap, H-1B portability, licensure requirements and protections for whistleblowers. 
  • Establish two grace periods of up to 10 days for individuals in the E-1, E-2, E-3, L-1, and TN nonimmigrant classifications to provide a reasonable amount of time for these individuals to prepare to begin employment in the country and to depart the United States or take other actions to extend, change, or otherwise maintain lawful status.  
  • Establish a grace period of up to 60 consecutive days during each authorized validity period for certain high-skilled nonimmigrant workers when their employment ends before the end of their authorized validity period, so they may more readily pursue new employment and an extension of their nonimmigrant status. 
  • Automatically extend the employment authorization and validity of Employment Authorization Documents (EADs or Form I-766s) for certain individuals who apply on time to renew their EADs. 
  • Eliminate the regulatory provision that requires USCIS to adjudicate the Form I-765, Application for Employment Authorization, within 90 days of filing and that authorizes interim EADs in cases where such adjudications are not conducted within the 90-day timeframe.

For more information, visit the Working in the U.S. page or read the rule in the Federal Register. USCIS plans to host a national stakeholder engagement regarding this final rule. Visit this page to sign up for an email alert to receive the invitation from the USCIS Public Engagement Division.

For more information on USCIS and its programs, please visit www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook(/uscis), and the USCIS blog The Beacon

2017 H-1B Visa Filing: Start Applying For Jobs Now!

By Bill at November 30, 2016 19:24
Filed Under: Immigration News, Tips and Features
December hiring is at low levels in many industries. However, we still strongly encourage you take proactive actions now to apply for new jobs and contact visa sponsors directly. Here are the reasons:
  1. USCIS will start accepting cap-subject H-1B Visa petitions on April 1, 2017. It is only four months away.
  2. Applications tend to slow down during the holiday season more than openings do -- tipping the balance in favor of those who do apply!
  3. Hiring managers and CEOs will typically try to reduce their operating profits by incurring search fees towards the end of each year, to avoid paying taxes. They also do not want to lose the allocated funds for new employees.
  4. Job growth is still very strong. The economy has added an average of 181,000 jobs a month in 2016, and the unemployment rate was still only 4.9%.
Following are some actions we suggest you take right away:
  1. Update your contact, skills and resume, so employers can find you and contact you directly.
  2. Be proactive: We are still working on 2017 visa reports. But you can still search 2016 H1B Visa, Green Card, and Wage Determination to find potential employers and pitch them directly.
  3. Be informed: Check E-Verify Employer Database and USCIS Employer Blacklist, so you will not become a victim of visa scam. Bookmark those pages, as we update them regularly.
  4. Be smart: Use our Resume Blast Service and Smart Apply Service to save time and target right employers.



Not all jobs are created equal!
http://www.myvisajobs.com

Over 640,000 labor petitions submitted for H-1B visa in fiscal year 2016

By Bill at November 10, 2016 23:28
Filed Under: Immigration News
We have published all labor applications filed by U.S. employers during the whole fiscal year 2016 through our legacy database system

From October 1, 2015 to September 30, 2016, Department of Labor made decisions on 647,852 labor condition applications for H-1B visa jobs, the highest number on record and nearly 5% increase over last year. (view detailed report). 

  Total LCA Certified Denied Withdrawn Certified-Withdrawn
2016 647,852 569,646 9,220 21,894 47,092
2015 618,810 547,278 10,983 19,472 41,071
2014 519504 455,144 11,938 16,069 36,350
2013 442,275 38,2951 12,170 11,707 35,432


Please use following links to search potential job opportunities and pitch employers directly. Our new visa job database is now updated daily with full copies of original petitions. However, we still maintain the legacy system which is updated once every quarter with case summary only. Some cases might not appear on both systems due to various reasons. 

U.S. employers are always looking for skilled workers, even in holiday seasons. Please polish your resume and update your career profiles regularly



Not all jobs are created equal!
http://www.myvisajobs.com

Federal Judge: Disney didn't violate H-1B visa laws in layoffs

By Bill at October 20, 2016 01:03
Filed Under: Immigration News

(New York Times) A federal judge in Florida dismissed class action lawsuits by two American workers who were laid off byWalt Disney Company (visa rank: 1466) and forced to train H-1B visa workers as their replacements. 

The judge rejected the former workers' arguments that Disney and the two contractors had colluded to make false statements when they applied for H-1B visa: "none of the allegedly false statements put at issue in the complaint are adequate" to sustain the case. 

The outsourcing companies that were sued with Walt Disney were Cognizant Technology Solutions (visa rank: 8) and HCL America (visa rank: 9). All three companies claimed that they've properly complied with the H-1B visa process. Following links are related news and legal documents. 



The employers are always looking for skilled foreign workers, make sure you polish your resume and update your career profiles regularly

Disney Defends Lawsuit Over Immigrants Replacing American Workers

By Bill at October 19, 2016 00:53
Filed Under: Immigration News

A former Disney World worker aims to lead a class action claiming racketeering.

The allegation that hundreds of American tech workers at Walt Disney World trained immigrants who would take their jobs makes for an unflattering headline. But according to Disney and the IT consulting firm it works with, there's no conspiracy and they've properly complied with the H-1B visa process.

Leo Perrero, who formerly worked at Disney, is leading a putative class action that alleges that his former employer and HCL colluded with each other when telling the Department of Labor that the hiring of foreigners on visas wouldn't adversely affect the working conditions of U.S. workers. The complaint filed in Florida federal court claims that workers were indeed displaced and that Perrero and others were told to train their replacements or lose severance.

On Friday, both Disney and HCL filed motions to dismiss the complaint.

According to Disney, the lawsuit is defective thanks to the absence of any allegation it was conspiring with HCL to break the law. Yes, the companies had a contract with each other, but Disney argues that's hardly the same thing as saying that Disney knew HCL would be making false statements to the federal government.

"Even accepting as true the Complaint's inaccurate allegations regarding the contract between HCL and WDPR, Plaintiff nowhere alleges (and could not allege) that it is inherently unlawful to agree to provide IT services using a workforce that includes H-1B visaholders," states Disney's court papers.

And then there's the issue of whether HCL really did make false statements. Perhaps immigration law allows for what happened?

In its own court papers, HCL interprets immigration law as meaning that it had to attest that foreigners on H-1B visas would not adversely affect the working conditions of other HCL employees, not Disney employees. HCL also says that "working conditions" don't mean job displacement, that it really means such matters as hours, shifts, vacation periods and benefits.

There's another form that some employers have to fill out that specifically attests to U.S. workers not being displaced, but HCL says it only applies to non-exempt employees, and as such, it wasn't under any requirement to make such a certification and so it didn't.

"As plaintiff concedes, HCL hired only exempt employees who earned at least $60,000 per year or held a master's or higher degree in a relevant field," states HCL. "That concession is by itself a sufficient basis to reject Plaintiff's allegations regarding a supposed misstatement concerning displacement."

The H-1B visa system has become controversial of late thanks in part to what was happening at Walt Disney World. Bernie Sanders wants to reform the system to prevent employers from abusing the system while Donald Trump has made it a campaign platform to increase the prevailing wage for H-1Bs so as to discourage companies from outsourcing to lower wage foreign workers. Hillary Clinton has remained mostly silent, though she's been quoted in a 2007 speech as supporting an increase in the H-1B cap.

Here's Perrero's complaint, Disney's motion and HCL's motion.

Judge Says Disney Didn’t Violate Visa Laws in Layoffs

By Bill at October 19, 2016 00:50
Filed Under: Immigration News

New York Times-Oct 13, 2016:  A federal judge in Florida dealt a blow on Thursday to legal claims by American technology workers who were laid off by the Walt Disney Company and forced to train foreign replacements, dismissing lawsuits by two workers who said Disney had conspired with outsourcing companies to violate visa laws.

In a terse decision, Judge Gregory A. Presnell of the United States District Court in Orlando rejected the former workers’ arguments that Disney and the two contractors had colluded to make false statements when they applied for temporary visas, known as H-1B, for the foreign replacements.

The judge found that “none of the allegedly false statements put at issue in the complaint are adequate” to sustain the former workers’ case. The outsourcing companies that were sued with Disney were Cognizant Technology Solutions and HCL America.

The plaintiffs, Leo Perrero and Dena Moore, were laid off early in 2015 from jobs with Disney in Orlando. In their final weeks on the job, they were required to show foreigners on H-1B visas, brought in by the outsourcing contractors mainly from India, how to do their work.

A spokeswoman for Walt Disney Parks and Resorts, Jacquee Wahler, said, “As we have said all along, this lawsuit was completely baseless, and we are gratified by the decision.”

The former workers’ cases hinged on their argument that the companies had violated clauses of the visa law requiring employers to show that hiring H-1B workers “will not adversely affect the working conditions” of other workers in similar jobs. The law also requires large outsourcing companies that employ many H-1B workers to certify in some circumstances that those workers “will not displace any similarly employed U.S. worker” within six months of applying for the visa.

The outsourcing companies argued that the law would apply to them only if the American workers who were displaced by visa holders they hired had originally been their employees, not Disney’s. Judge Presnell was persuaded by that argument, although he did not entirely reject the idea that the Americans were “adversely affected” by being fired.

The decision was a broad victory for Disney and its contractors, but Judge Presnell left the former workers a small window to amend their lawsuits and to try again.

Mr. Perrero said the decision was a dismaying surprise. “This has become an effective business model in the IT industry where two companies can come together and wipe out American jobs without much fear of legal action,” he said. “I just hope that greed isn’t taking our country in the wrong direction.”

Sara Blackwell, the lawyer who represented the Disney workers, said, “I wanted to see if there was any legal avenue we could use to protect our American citizens, but it seems we can’t.”

Congress considered bills this year to amend provisions in the H-1B visa laws that tech workers say have led to thousands of layoffs, but no action was taken.

The Republican presidential nominee, Donald J. Trump, said early in his campaign that he would seek to change the law to prevent layoffs. But he has not addressed the issue recently.

H1B Occupational Employment and Wage Estimates

By Bill at September 24, 2016 02:02
Filed Under: Immigration News
In August 2016, average hourly earning of all U.S. employees on private nonfarm payrolls was $25.73, which was 61 cents higher than one year ago. But how about the salary levels of those professional occupations qualified for H1B visa?

Based on a national survey of employers of every size, in every state and every industry sector, U.S. Bureau of Labor Statistics created the 2015 Occupational Employment and Wage Estimates. Following table is a summary of H1B related occupations.

H1B Occupation Group Number of Jobs Average Annual Salary
Management 6,936,990 $115,020
Business and financial operations 7,032,560 $73,800
Computer and mathematical 4,005,250 $86,170
Architecture and engineering 2,475,390 $82,980
Life, physical, and social science 1,146,110 $71,220
Education, training, and library 8,542,670 $53,000
Healthcare practitioner and technical 8,021,800  $77,800
click here to view hourly and yearly wages of all occupation groups


If you want to know more about your potential income level in United States, please try these links:
  1. 2016 H1B Visa Report by Occupation
  2. 2016 Green Card Report by Occupation
  3. Prevailing Wage Determination Database for Foreign Workers
  4. 2015 Occupational Employment and Wage Estimates by Sub-Occupation
U.S. economy has finally recovered. The employers are desperately looking for skilled foreign workers. It is time for you to update your career profile and pitch potential employers now!



Not all jobs are created equal!
http://www.myvisajobs.com

2015 National Occupational Employment and Wage Estimates(Occupation Group)

By Bill at September 24, 2016 00:20
Filed Under: Immigration News

Data on occupational employment and wages are collected from employers of every size, in every state, in metropolitan and nonmetropolitan areas, in all industry sectors. These estimates are cross-industry estimates. Self-employed persons are not included in the survey or estimates.

 


Occupation title EmploymentMedian hourly wageMean hourly wageAnnual mean wage
Management Occupations 6,936,990 $47.38 $55.30 $115,020
Business and Financial Operations Occupations 7,032,560 $31.59 $35.48 $73,800
Computer and Mathematical Occupations 4,005,250 $39.15 $41.43 $86,170
Architecture and Engineering Occupations 2,475,390 $36.96 $39.89 $82,980
Life, Physical, and Social Science Occupations 1,146,110 $29.88 $34.24 $71,220
Community and Social Service Occupations 1,972,140 $20.20 $22.19 $46,160
Legal Occupations 1,062,370 $37.58 $49.74 $103,460
Education, Training, and Library Occupations 8,542,670 $22.70 $25.48 $53,000
Arts, Design, Entertainment, Sports, and Media Occupations 1,843,600 $22.19 $27.39 $56,980
Healthcare Practitioners and Technical Occupations 8,021,800 $30.10 $37.40 $77,800
Healthcare Support Occupations 3,989,910 $13.00 $14.19 $29,520
Protective Service Occupations 3,351,620 $18.14 $21.45 $44,610
Food Preparation and Serving Related Occupations 12,577,080 $9.41 $10.98 $22,850
Building and Grounds Cleaning and Maintenance Occupations 4,407,050 $11.47 $13.02 $27,080
Personal Care and Service Occupations 4,307,500 $10.50 $12.33 $25,650
Sales and Related Occupations 14,462,120 $12.34 $18.90 $39,320
Office and Administrative Support Occupations 21,846,420 $15.96 $17.47 $36,330
Farming, Fishing, and Forestry Occupations 454,230 $10.46 $12.67 $26,360
Construction and Extraction Occupations 5,477,820 $20.33 $22.88 $47,580
Installation, Maintenance, and Repair Occupations 5,374,150 $20.57 $22.11 $45,990
Production Occupations 9,073,290 $15.51 $17.41 $36,220
Transportation and Material Moving Occupations 9,536,610 $14.47 $16.90 $35,160

 

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