Scholarship for USA has launched a free web application that allows you to search a database of companies that have sponsored H-1B visas in the recent past. The web app allows you to search the database by job title that received the H-1B sponsorship, job category and state. You can check it out here.

Let us know what you think of this feature. If you have any suggestions on how we can improve the service or if is any additional information you would like to see, let us know in the comments below. If you have any questions or just want to say hi, also use the comments section.

An investigation by the Department of Labor found that Peri Software had withheld over $1.4 million in back wages that are owned to its’ employees. The investigation also found that Peri Software paid lower than average wages to its H1B consultants. This is a direct violation of H1B laws. The law states that H1B workers must be paid the same wage rates that are paid to U.S. workers for the same work performed in the same geographical location. DOL also uncovered that Peri Software forced its’ employees to sign employment contracts and then sued the employees when the contracts were broken.

Also read: Email From an Indian IT Consulting Firm

Department of Labor has fined Peri Software a $439,000 fine for its’ violations. The company may also be barred from participating in the H1B program for two years.

In 2009, United State Citizenship and Immigration Services (USCIS) had arrested 11 H1B consultants and taken legal action against another New Jersey software company for H1B violations.

According to the memo, H1B applications will need to be accompanied by the following documents, where applicable:

• a complete itinerary of engagement specifying dates of each service, names and addresses of establishment where service will be performed
• a copy of the signed employment agreement between the employee and employer
• a signed copy of the job offer letter that clearly describes the type of employer-employee relationship
• if the H1B employee is to perform work for third party clients, then signed contracts between the petitioner and the third party client needs to be provided, specifying clearly that the petitioner will have control over the employee
• if the H1B worker is to work at third party client sites, then work orders, statement of work, project duration, etc needs to be provided that clearly specifies the job duties, qualifications required for the job, salary paid, benefits and description of who will supervise the employee
• a copy of the job description
• a description of how the employee’s performance will be reviewed
• a copy of the organizational chart

These are not new rules, but a reinstatement of existing guidelines. This will make it harder for Indian IT professional to get H!B visas in 2011.

Also read: 30 Companies that Hire International Students

For those that don’t want to read through the legal mumbo jumbo, the gist of the memo is that an employer-employee relationship must exist between the H1B petitioner (employer) and the H1B beneficiary (employee). So what is an employer-employee relationship? This is a scenario when the employer has the ability to control the employee, i.e. the employer has the right to fire the employee. For those of you wondering, an employer-employee situation probably does not exist in the case when an IT consulting firm places you at a client site and has no knowledge or control over the tasks that you will be performing at the client site. The purpose of the Neufeld Memo is to shut down job-shops that have no control over their employees. Clearly, the following situations will be denied H1B visas in 2011:

• if you apply for your own H1B visa
• if you are an independent contractor
• you are at a third party client site where your H1B petitioner has no control over you

The Neufeld memo lays down additional document requirements for H1B applications. In the H1B application, the petitioner must prove the following:

• an employer-employee relationship exists
• the H1B petitioner (employer) can and will supervise the work of the employee and has the right to hire and fire the employee
• the petitioner is responsible for the direction of the employee’s work
• and the conditions will be maintained throughout the period of the H1B visa

I think the Neufeld Memo clearly proves beyond doubt the intentions of USCIS, that they are now serious about enforcing H1B rules. These guidelines will possibly bring to an end the practice of consulting companies sponsoring H1B visas to place contractors at client sites. If you think the Neufeld memo will affect you in some way, feel free to share your thoughts in the comments below.

Further reading: The Truth About Indian IT Consulting Firms Revealed

Also read: 30 Companies that Hire International Students

Knowledge. You need to know the different channels through which you can apply for the H1B visa in 2011. You also need to know if you qualify. You will need to know important deadlines and will have forms to fill out.

What is the easiest way to get an H1B visa in 2011?
The easiest way to get an H1B visa in 2011 would be if you were already physically present in the U.S. Well, lets not use the word easy, less difficult would be a more appropriate term. You see, U.S employers are more inclined to respond to your resume and call you for an interview if you are present in the country. Employers like to meet and talk to the person they are going to be hiring before they sponsor an H1B visa. If you are in the U.S on a student visa, you get OPT work permit for 12 months (longer for STEM majors) after your graduation. That is the time you should use to find a company that will sponsor your H1B visa. Read this article on how to effective use your OPT work permit to find a job: Give Yourself 5 Months to Find a Job Before Your OPT Starts. With your OPT work permit, you can start working right away, and when the time comes, you can apply for the H1B visa and if approved, switch your status from F1 to H1B. The hard part is finding an employer that is willing to sponsor you for the H1B visa.

USCIS starts accepting H1B applications in April of each year. If your application is approved, the work permit starts in October.

What should you do if you are not in the U.S?
You can still apply to companies from your home country to see if they will hire you. But unless you have skills that are highly sought after, chances are slim that you will get a H1B visa this way. Companies do not want to wait until October for an employee to start working if they need someone in April. Another route you can take to get a H1B visa in 2011 is to go with consulting companies. There are IT companies that will hire you to work as contractors on projects. Most of these companies are owned by Indian IT folks. A google search on Indian IT consulting firms will give you a list of these companies. However, some of these companies have been accused in the past of illegal and/or unethical practices, so you should be careful if you decide to take this route.

What are the minimum requirements for H1B visa?
To apply for an H1B visa,

• you must have at least a Bachelors degree
• the minimum entry requirement for the job must be a Bachelors degree or higher
• to see the full requirements, visit the following site: http://www.uscis.gov

Let us know in the comments if you are going to be applying for H1B. Good luck on your H1B visa application in 2011.

Also read: Credit Cards for International Students – 5 tips to keep you from drowning in debt

Should international students file taxes?
If you were an international student in the United States in 2009, and you are a non resident alien, then you must file taxes.

Which tax form should international students use?
If you were an international student in the United States in 2009, and you are a non resident alien, then you must use form 1040NR.

Should H1B visa workers file taxes?
If you were a H1B visa worker in the United States in 2009, and you are a non resident alien, then you must file taxes.

Which tax form should H1B visa workers use?
If you were a H1B visa worker in the United States in 2009, and you are a non resident alien, then you must use form 1040NR.

Can international students or H1B workers be considered resident aliens?
Yes, international students or H1B workers can be considered resident aliens under one of two conditions. According to the IRS, a person is considered a resident alien if they have a green card or they pass the substantial presence test. Everyone knows what a green card is but what is the substantial presence test? It basically means that you have been in the United States for over 31 days during 2009 and over 183 days during 2009, 2008 and 2007. The 183 number must be calculated using a special formula. To see if you pass the substantial presence test, see page 3 of this IRS publication. Almost all international students who have been in the United States since 2008 will likely pass the substantial presence test and be considered resident aliens for tax purposes.

OK. I am considered a resident alien. What tax form should I use?
If you have a green card, or pass the substantial presence, then you should use IRS tax form 1040.

Its important that you file your taxes on time as there are penalties for filing late. The quickest way to file is online. There are many websites that’ll file your federal return for free. To see a list of websites that eFile, go here.

I hope this will clear up some confusion regarding international student tax file issues and H1B tax issues. As always, post your comments or questions below.

Further reading: The Truth About Indian IT Consulting Firms Revealed

International students in the United States were allowed to work for 12 months after their graduation in a related field of study under the Optional Practical Training program (OPT). In 2008, under the Bush administration, this was increased to 29 months for students graduating with a STEM major (science, technology, engineering and mathematics). The reason for this increase was a shortage of workers in these fields. Opponents of this program however, argue that this extension is just another way to train foreign workers and take away jobs from qualified Americans.

The Supreme Court is not obligated to hear the case. We’ll keep you informed as the story unfolds.

Related news: USCIS to Conduct 25000 H-1B Inspections

Last year USCIS had conducted 5,191 inspections of companies hiring H-1B workers. The number this year has increased almost 5 times becasue of greater resistance by opponents of the H1B program who are lobbying the government for greater enforcement. In a letter to Senator Grassley, Director of USCIS Alejandro Mayorkas has stated that the inspections will be carried out to validate the H1B petitions. During these onsite visits, USCIS will be checking for the following things:

• if the location of the employment exists
• if the H1B visa holder is actually employed at the location
• if the H1B visa holder is performing the jobs described in the H1B application
• and if the H1B visa holder is being paid the salary stated in the application.

USCIS is aware of H1B visa applicants that are on bench and only start working when they are able to find a project/contract. This is against the H1B visa rules and the government is taking a tough stance against this practice. Earlier this year 11 H1B visa holder that had applied with fraudulent documents were arrested by the goverenment. Legal action was also taken against the company that had sponsored these H1B workers. This latest move by the government is a continuation of its’ effort to curb the abuse of the H1B visa program.

Further reading: The Truth About Indian IT Consulting Firms Revealed

Empty cubicles – a common scene in many US offices

The US economy has been doing downhill for a number of years. There are fewer jobs available and employers are laying off more people than they are hiring. Many international students on OPT failed to find jobs in this economy after graduating from college. These students failed to enter the job market and most of them are likely to go to grad school in September. Companies that usually hire H1B contractors have cut down on their spending and aren’t starting new projects. This has led to the decline in demand for H1B contractors.

Another reason in the decline of H1B petitions this year was the crack down by the government on fraudulent H1B applications. A number of H1B contractors from India were arrested earlier this year in connection with filing false documents to get their H1B visa. Their consulting firm, New Jersey based Vision Systems was put under investigation. This strong handed approach by the government discouraged IT consulting firms from sponsoring H1B visas for people for whom they did not have guaranteed positions. This significantly cut down on the number of H1B petitions for this year. Read the story here: 11 Consultants Arrested in H-1B Fraud

So what should you expect for 2011 H1B visa update? Given the current US economic condition, it does not seem likely that the US economy will make a full recovery. Hiring will be slow and so will be the demand for H1B visa workers in 2011. The government has shown that they will not tolerate further fraudulent activities related to the H1B visa program. So we can be confident that fake H1B applications in 2011 will not inflate the numbers. Therefore its a safe bet to say that there will be no H1B visa lottery in 2011.

Further reading: Update on 2010 H1B – Quota yet to be filled

Picture by: PinkMoose