PREFACE

Mr. Garry Allen Hamud, a duly licensed Attorney at Law in the United States, with over twenty-five years of experience in all aspects of U.S. Immigration law, prepared the following text concerning the U.S. H-1B Visa.

And, for information on all other temporary visas, including Treaty Nafta (TN) Visas, and Permanent Residence in the USA, via relatives or occupational eligibility, please visit GoUSANafta.com.

THE H-1B VISA AND NEW LAW AND REGULATIONS IN 2001

I.

The H-1B Visa has in recent years become the most popular and well-known visa for the admission of temporary employees into the United States to work in Specialty Occupations.

Specialty Occupations include positions that require theoretical and practical application of a body of highly specialized knowledge in fields of human endeavor, including, but not limited to, architecture, engineering, mathematics, physical sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts, and further require the attainment of a bachelor's degree or higher in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the USA.

To qualify as a Specialty Occupation for H-1B Visa purposes, the position of concern must meet the aforesaid professional standard.

And, to qualify to perform such services in a Specialty Occupation, the alien must too meet the stated educational standard and hold (a) a United States Baccalaureate or higher degree, or (b) a foreign degree determined to be equivalent to such a U.S. degree, or (c) have education, specialized training, and/or progressively responsible experience on the job that is equivalent to the completion of such a U.S. degree in the Specialty Occupation, along with recognition of expertise in the specialty attained through such progressively responsible positions. For purposes of determining equivalency to a Baccalaureate degree per se in a specialty, three (3) years of specialized training and/or work experience must be demonstrated for each year of college-level education the alien of concern lacks. For equivalence to an advanced (Masters) degree, the alien must possess a baccalaureate degree followed b y at least five years of progressive experience in the field. Note: If the particular field of endeavor requires a Doctorate degree, the alien must hold such degree itself.

II.

In order to protect U.S. workers and other interests of the USA, the law requires a certification from the US Department of Labor that a Labor Condition Application has been filed in the specialty in which the alien is to work.

III.

In recent years, the overall H-1B Visa process has become more involved, especially in the areas of Specialty Occupations, qualifying education and/or experience, labor conditions, and, of course, the related prevailing wage issue.

And, there have been well known problems with insufficiency of H-1B Visa numbers and the inability of the system to meet the needs of US employers for foreign professionals. Numerical limitations on the number of H-1B Visas as well as the short duration of H-1B Visa status for aliens in that status have compounded matters.

IV.

ACT21

The American Competitiveness in the Twenty-First Century Act (ACT21) of October 17, 2000 has provided some relief.

Most notably, the ACT21 contains the following important provisions:

1. ACT21 temporarily increases the H-1B numbers to 195,000 per fiscal year for the next three years, and, in addition, provides that cases filed before September 1, 2000 will not be counted against the FY2001 cap, and, in addition, provides that the government will not count against the cap any alien who already has been counted as an H-1B Visa holder within the past six years.

2. ACT21 also provides that H-1B Visa holders may change employers and even commence new employment in their specialty field upon the filing of a new petition rather than upon the approval of the same. In that H-1B processing time has been on the increase, this is a significant benefit to employers and employees.

3. ACT21, in a related matter of great importance, also provides for the extension of H-1B Visas beyond the statutory six year limitation in either of two cases:

(a) When an H-1B Visa holder is the beneficiary of an employment based immigrant petition and has been subject to per country limitations that have prevented the alien from Adjusting Status and (b) When an H-1B Visa holder has waited 365 days of elapsed time since the filing of either a labor certification application or an employment based immigrant petition on the alien's behalf, with the footnote that this latter provision of the law does not take effect unless and until the aforesaid employment based immigrant petition has actually been filed.

All of the above provisions of the new ACT21 are vitally important and most welcome by American employers and H-1B Visa holders.

V.

If you are interested in more information concerning the H-1B Visa, ACT21, or any other related Temporary or Permanent Residence (Green Card) matters, and/or are in need of legal advise or assistance, please feel free to e-mail: attorney@goUSAImmigration.com and you will be informed as to all of the above and receive a quotation for the services deemed to be appropriate by the circumstances.

The above number of available H Visas has of late been reduced to 65,000, and, in addition, another 20,000 such visas are also available to individuals that are graduates of a U.S. institution, with an advanced degree.