Employer Data Hub
The U.S. Citizenship and Immigration Services (USCIS) has launched an H-1B Employer Data Hub to provide information to the public on employers petitioning for H-1B workers. The data hub is part of USCIS’ continued effort to increase transparency in employment-based visa programs by allowing the public to search for H-1B petitioners by fiscal year (back to FY 2009), NAICS code, employer name, city, state, or ZIP code.
This will give the public the ability to calculate approval and denial rates and to review which employers are using the H-1B program. Data for individual fiscal years is available to download on the H-1B Employer Data Hub Files page. To help the public use the data hub and understand the terminology in it, USCIS has also created the Understanding Our H-1B Employer Data Hub page.
USCIS will provide cumulative quarterly updates and annual releases of the data and we anticipate updating the H-1B Employer Data Hub quarterly. For example, data for the first quarter (October-December) of a fiscal year will be provided in April of that fiscal year.
The H-1B Visa
The H-1B Visa is a visa for foreign nationals with a bachelor's degree (or its equivalent work experience) and a U.S. employer that will hire this person in a specialty occupation, including fashion models of distinguished merit & ability and those working for Department of Defense projects. The petitioning U.S. employer must demonstrate that the worker will be paid the actual or prevailing wage.
The process starts with the petitioning U.S. employer filing an application requesting a visa be granted to the foreign worker. This application includes documentation regarding the applicant’s educational and professional background, as well as a certification from the U.S. Department of Labor showing that the employment of the foreign worker will not adversely affect the wages and working conditions of U.S. workers.
USCIS typically begins accepting H-1B applications in the first week of April. Due to the extremely high number of applications annually received by USCIS, applications for merits review are selected through a computer-generated random selection process. This lottery helps USCIS to select enough petitions to meet the 65,000 general-category (Bachelor’s) cap and the 20,000 cap under the advanced degree (Master’s) exemption. Those not selected are out of luck, but may apply again the following year.
There are several categories of individuals that are not subject to the cap and in turn, the lottery. Read our related blog post about cap-exempt applicants to learn more.
If this development affects you and you have questions about the H-1B visa, please contact us for a consultation. We are here to help. Follow us on Instagram, Twitter, Facebook, LinkedIn or Tumblr for up-to-date immigration news.
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