RIR Issues

The Immigration and Naturalization Service is proposing to amend its regulations by

1. Reducing the minimum admission period of B-2 visitors for pleasure from 6 months to 30 days.

2. Reducing the maximum admission period of B-1 and B-2 visitors from 1 year to 6 months.

3. Establishing greater control over a B visitor's ability to extend status or to change status to that of a nonimmigrant student. For complete details, please visit our H1B News Section

The proposed rule will not automatically limit B-2 visitors for pleasure to a 30-day admission. The rule will place the burden on the visitor to explain to an INS Immigration Inspector the nature and purpose of the visit in order for the Inspector to determine “a period of time that is fair and reasonable for the completion of the purpose of the visit.” When Inspectors cannot determine a fair and reasonable period of admission, INS will grant a 30-day period of admission. If an alien establishes the need for a period of stay, longer than 30 days, the Inspector will grant an appropriate and proportionate period of admission.

The proposed rule will not bar all B non-immigrants from changing status. The proposed rule will require B non-immigrant visitors to notify INS upon initial entry of their intent to begin a course of study in the United States. INS recognizes that some prospective students will seek admission to the United States as B-2 visitors for pleasure in order to tour an educational institution’s campus or interview for admission. In order for persons admitted as B non-immigrant visitors to change their status to that of a student, they will have to clearly state their intent to study in the United States when they initially apply for admission. INS Immigration Inspectors will note that the alien is a prospective student and make the proper notation on the alien’s I-94 form (Arrival/Departure Record). This rule will not apply to those already in the United States in B non-immigrant visitor status,since they may have already started a course of study in reliance upon existing rules. Additionally, this rule does not bar individuals admitted under other non-immigrant visa categories from changing status.

To file a green card application under the RIR category, the company must supply 6 months of recruitment evidence with the application. This evidence could be newspaper ads, internet job postings, career fairs, college recruiting information, etc.

This is to prove to the Department of Labor (DOL) that the company has taken all the possible actions to find a qualified US worker to fill up the permanent job. RIR will be approved only if the company is NOT able to find US employee.

Due to economy downturn, many companies had laid off many employees, including H1B holders. Still they retain many highly skilled H1B workers. Because of this layoffs and job market, companies may NOT be able to file RIR application with DOL. Instead they may file a regular labor application which may take 1-3 years. This situation may change only after the economy improves with less unemployment rates and the company starts recruiting more employees.

$1000 training fee from the H1B filing fee could be used to improve Greencard Process. The White House proposes to cut a technology training program for U.S. workers, spending the money instead to speed up the paperwork for foreign workers. The U.S. Government says the job training program for Americans is ineffective. The goal of the job training program was to prepare U.S. citizens for high-tech jobs to reduce demand for foreign workers. Congress created it in 1998 in a trade-off for raising the cap on the number of H-1B visas that companies use to bring skilled foreigners to work in the United States for up to six years. The training program is financed by part of the $1,000 fee companies pay when they apply for foreign workers. To read the complete article, click here.

To know more about the various options that are available for laid off H1B workers, please visit our H1B News.

Our VISA info page contains information about H1-b process, documents needed for various Visas (h-1b, h4, b1, b2), Phone numbers of INS centers, Greencard process, Reduction in recruitment(RIR) and other useful links. FAQ and help pages for various visa questions and answers

If you are an H1B holder, please provide your H1B sponsoring company details. This will help many of our users to submit their resumes to more number of companies.

If you or any of your friends have any interesting articles on immigration / US job or a jobseeking tip and wish to share it with our users, please send your articles to news@h1bsponsors.com

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