USCIS Issues 2009 H1-B Visa Plans

Restrictions for H1-B visa program imposed by Employ American Workers Act not likely to effect Silicon Valley's lust to hire foreign guest workers on a temporary basis, but potential legislation from Senators Charles Grassley and Richard Durbin could limit the practice.

The USCIS (U.S. Customs and Immigrations) said March 20 it would begin accepting H-1B visa applications April 1 -- as normal -- but with the various terms and conditions related to the recently approved EAWA (Employ American Workers Act) imposed. The changes are not likely to effect the Silicon Valley but will severely restrict banks and other financial institutions that heavily rely on the H1-B program.

The new law prevents a company from displacing U.S. workers when hiring H-1B specialty occupation workers if the company received stimulus funds from Congress. The law took effect Feb. 17 and applies to any "hire" taking place before Feb. 17, 2011.