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The H-1B is a foreign worker visa in the United States that allows U.S. employers to hire foreign workers in so-called specialty occupations. The regulation and implementation of the visa program is carried out by the United States Citizenship and Immigration Services within the United States Department of Homeland Security.
The H-1B visa program allows employers to hire non-U.S. citizens for highly skilled jobs temporarily.
Labor Condition Application. The Labor Condition Application (LCA) is an application filed by prospective employers on behalf of workers applying for work authorization for the non-immigrant statuses H-1B, H-1B1 (a variant of H-1B for people from Singapore and Chile) and E-3 (a variant of H-1B for workers from Australia).
All the petitions involved are filed using Form I-129, and these fees apply over and above any applicable fees for those forms. As mentioned above, an employer was required to pay the additional H-1B fees only in the case that the employer had 51 or more employees and H-1B and L-1 employees together comprised over 50% of the workforce.
The U.S. caps the number of H-1B visas at 65,000 new visas each year, although an additional 20,000 can be granted for those with a master's degree or higher, USCIS says.
Last year, IBM received more than 2,400 total approvals for new and continuing H-1B visas, the 15th most of any company, according to data from United States Citizenship and Immigration Services.
The LCA form is the same as for the H-1B visa, but needs to be annotated "H-1B1-Singapore" or "H-1B1-Chile" as the case may be. An employer may use a single LCA for multiple applicants as long as they all fall within the same category (i.e., they must all be in a single one of the categories: H-1B, H-1B1-Singapore, H-1B1-Chile, E-3).
In summary, the provisions of AC21 did the following: They helped increase the efficiency of utilization both of the H-1B status for temporary skilled workers (i.e., "non-immigrant workers") acquired by filing Form I-129, as well as the employment-based immigrant categories for immigration (EB-1, EB-2, and EB-3, acquired through Form I-140), thereby increasing the number of people who at a ...