H1B 2011 rules was greatly influenced by following events
- US Economy and Recession resulted in IT Job losses
- USCIS issued many RFE’s on H1B Visa petition by consulting companies.
- 7 People were arrested for H1B Fraud,
- Misuse of H1B Visa
H1B 2011 Rules
When all the above events happened in period of 1 year, strict rules had to be implemented. As the result, Neufeld Memo was published on Jan 8, 2010. So, the new memo became the H1B 2011 rules.
If you want to really see the buzz new rules have created on H1B petitions process, just call a consulting company who used to hire workers and sponsor H1B visa. The new H1B FY 2011 rules are targeted to eliminate the loopholes used by the consulting companies.
Consulting companies work in layers. If a company wants to hire a employee for a specific skills, they are going to give the requirements to their approved vendor (Vendor Layer 1). If they don’t have an employee with those skills, they are going to forward the details to Vendor Layer 2.
A job requirement can be passed to multiple layers. Finally when a person is hired, he can be from 2nd layer and above. H1B 2011 Rules are designed to eliminate such practice.
For a consulting company to get H1B Visa approved, they have to prove employer-employee relationship. How can they prove, if they don’t have direct clients?
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{ 4 comments… read them below or add one }
I’m a British citizen residing in New York on a tourist visa. I would like to stay in the US and work. I’m applying for jobs directly to companies but what I don’t understand is when I would be able to start work with them, if they obtained a H1B visa for me.
For 2010 I know the deadline date was April 2009. Does this mean that I wouldn’t be able to get a visa for 2010 and I would need to apply for a 2011 visa instead? Any guidance would be greatly appreciated as its very confusing!
Thank you
Hi, Can any one having idea how many H1B applications filed till date
Hi S,
Please post your status of H1b, if have a similar situation in which my employer is ready to sponsor a visa…but I will be the 3rd employee in the company…let me know ur status..
Hi, Im directly working for a company and will be filing my h1-b this year, but im worried since there are only 2 employees in the company, will it affect my chances of getting the visa?