So to recap so far this year we have given all foreigners information on;

- H1B Application Filing Tips
- H1B Visa Quota Predictions
- H1B Visa Costs and Fees
- H1B Frequently Asked Questions and Common Misconceptions & Myths
- H1B Visa Statistics
- F1 Visa OPT Applicants hoping to transfer to an H1B visa
- H1B visa extension procedures with a pending Green Card PERM application
- H1B Important Supporting Documents for your Petition
- Review of an H1B Visa Support Site

Also in the past we have a couple of other posts that may be of reference for the upcoming season;

- Do you need a lawyer for your H1B visa process
- Top H1B visa employers from last year
- Green Card & H1B Visa Relationship
- H1B visa Deportation cases

We hope all the above information helps make the process as easy and successful as possible for you this visa season and you are starting work in the US without issue with your new employer on October 1, 2010.

There will be a lot of media stories regarding US Immigration leading up to the opening on April 1, 2010 as well as throughout the month and probably into May as well. This is due to Immigration reform slowly becoming a major topic in US political circles. Try not to believe all the hyperbole you hear as most of it is just hearsay or just plain myths as we highlight in the link above.

Finally during this time ensure you ask all the questions you feel you need too because in the end the only person completely caring about your total welfare and situation 100% is you. So follow up with your employer’s HR department, your immigration lawyers if you are using them and anyone else that is involved in your process. Ensure you fully understand concepts like H1B application premium processing and the F1 visa / H1B visa gap period as they may apply to your situation

Good Luck,

CJ

©2010 E3 Visa. All Rights Reserved.

Now we know many of you choose for your own peace of mind or due to the nature of your company that you end up paying for the lawyer yourself for the process. Please note that using a lawyer does NOT guarantee or all things being equal enhance your chances of getting an H1B visa. In truth the reason why immigration lawyers are so highly regarded is because most legitimate companies who employ foreign nationals to the US, especially the top H1B employers like Microsoft, Google, etc. will always use lawyers. Because companies like these always follow the law to the letter and hire talented and highly qualified individuals to legitimate positions, they tend to have their applications approved almost always. Thus the immigration lawyers have a high success rate with H1B visa petitions.

However with individuals where the company refuses to not only pay legal costs but also often requires the applicants to directly pay or at the least reimburse the sponsor employer company partially or wholly the H1B application costs, I’ll bet their success rate is far lower given the above and that the candidates also may not be as highly credentialed and/or the employer and position to quite as specialized (and in some cases even legitimate to the H1B visa regulations).

However I would also be willing to bet in a large proportion of cases their profit margins are higher and their due diligence is not at the level say for an Immigration attorney retained by Microsoft for their foreign nationals. This is because they would be dealing directly with foreigners with less knowledge of US Immigration law or the legal process in general and often very desperate in their state of mind looking for any type of reassurance.

So in summary my caution to all of you H1B visa hopefuls this year not to be tricked or overcharged by Immigration lawyers and to talk to many people and try to get referrals from people you trust if you are engaging a lawyer. Also be fully aware of the actual official H1B visa application costs above so you know exactly what your lawyer is supposedly charging you and request itemization of your bills so you know what they are you charging you for.

Also additionally be aware of the H1B visa support sites that supposedly help you find jobs, employers, arrange US Job Interviews, help you with your US style resume, etc. Most of this information is freely available online and also on this from the links just here as well as many other official sites like Monster to help you with your resume of USCIS Government official sites for the list of past US Visa Employers.

There are also many non-profit and Immigrant support groups that you can look up that if nothing else are great sources of support and reassurance during this uncertain time. Also check out websites like foreignborn.com as well as our own visa and immigration resources section.

Good Luck,

CJ

©2010 E3 Visa. All Rights Reserved.

Now many foreigners who ultimately want to work in the US on a full time bases and possibly ultimately live here permanently use the J1 visa as their initial stepping stone to do a Masters programs in the US on an F1 Visa and work on the OPT program for a period or go straight to a full working visa like the H1B visa and hopefully and eventually for many green card sponsorship.

The reason why so many people choose this route is that in many ways it is a far easier US visa to obtain. Then additionally to find a Work and Travel role under this visa is also slightly easier because employers are willing to state they want to hire a foreigner for the role and indeed in the case of the Tourism and Hospitality Industry who use foreigners to clean Hotel Rooms, work at Amusement Parks, Restaurants, etc. they would not function during the Holiday Season. The Alaskan fisheries are also huge employers of foreign nationals often working 7 days a week but earning a relatively high hourly wage which becomes even higher when converted back into their home country currency.

In the US companies like Six Flags, Disney, Large Hotel and Resort chains, McDonalds, KFC, etc. are among the major well known companies that hire large numbers foreign nationals during the US Summer and thus during the European Summer break for their college students. Foreign college students from South America, South Africa, South East Asia like Thailand, etc. often work at US Winter resort type places as that is their long vacation break being from a the southern hemisphere.

Eastern Europe and Russia is probably the largest source of J1 visa applicants but other prominent countries include Turkey, Ireland, Brazil, Argentina, Jamaica, Poland, South Africa and Thailand.

Basic J1 Visa Work & Travel Conditions:

To be eligible for the J1 visa Work and Travel program you must be currently studying at an accredited Tertiary Institution in your home country like a University or College for a degree that is a minimum of 2 years (although this can be shorter for Masters or higher level degrees). Generally ‘gap’ students are not eligible and certainly high school graduates only are not eligible for this J1 visa.

The candidate must be functional in English and this can be verified by a Certified English Teacher fill out the English Ability and Reference section of the application form and/or by submitting scores from an accredited English test like TOEFL, TOEIC, Cambridge English Exam, etc.

Other conditions around what ages are allowed and funds that need to be proved and whether a job needs to pre-arranged and approved varies by both the J1 visa sponsors like CIEE, Intrax and InterExchange and also the country that the applicant is from. Generally the regulations are far more strict for Eastern Europeans, Middle Easterners and any country that is not part of the Visa Waiver Program with the US for Tourists.
Finally an approved Health Insurance policy is required for the duration of the stay and the nature of this is explained by the Visa Sponsors.

You should note it is the visa sponsors listed above that are actually responsible for your Visa and not the company that is employing you. This where the J1 visa differs from visas like the H1B visa. The maximum duration of the working period of the J1 visa is 4 months and you can have up to 25 days of pure travel following this period before you return home. However your dates will be listed on your J1 visa stamp in your passport and are at the sole discretion of the Immigration officer at the US Consulate or Embassy interview you attend. You can of course ask for the periods during the interview but it is their decision that is final.

Also unlike the J1 visa for interns, there is never usually an approval for the J2 Dependent visa for this J1 visa given the period is so short and it usually younger college students who are the applicants. This differs from say the J1 visa Internship program.

For Australian and New Zealand applicants only there is a special 12 month J1 visa for Work and Travel allowing a longer period of travel and work in the US and does not usually require a pre-arranged job. All other conditions are the same for these applicants.

How to find a position:

Assuming you are a foreigner with few contacts in the US to utilize to help you find a role, there are ways that most people achieve this. The first being utilizing the various sponsor organizations who will actually sponsor your J1 visa like Intrax, InterExchange, CIEE, etc. These companies often have job events, also known as employer roadshows where larger companies like Hotels, Theme Parks, etc. will often accompany them to your country to fire for the various US holiday periods.

Generally if you find a role with the assistance of your sponsor organization or their representatives in your home country, the J1 visa program fee will cost more but there are ways you can find a job in the US yourself both if you have to do it from overseas if you need a pre-arranged job or after you arrive in the US. Many foreign students often get their first role from friends who have been on the J1 visa Work and Travel program before and have a relationship with an employer.

It is important to understand the US workplace and rules around pay, etc. and your sponsor organization is your best resource for this information as well as source for support while you are in the US should any problems arise both in the workplace or elsewhere

Be careful not to pay money to the many J1 visa SCAM websites and services out there that pretend to find you a role or even if they do, a role that may be illegal, unsafe or against the J1 visa policies of the US Government or your sponsor organization. If you are going to pay fees for sometime to help find you a role it may as well be the official sponsor organizations as they are appointed by the US Government.

Also note under the J1 Visa Work and Travel Program, there are many forbidden roles like the Adult Industry, Au Pair, Medical/Science positions, Air/Sea crew, Camp Counselors, Commission based sales positions and Employment via 3rd party staffing agencies.

You do have to file taxes in the US after December 31st of the year in which you worked. Generally filing your taxes under the J1 visa is easy and usually you will get money back from the US Government as you will have earned less than amounts for large tax payments. You can often do it free online and either have the US Government Tax Department, the IRS, mail you a check to your home country in US Dollars or deposit money into your US bank account. The IRS website has the list of free online services you can use to file your taxes.
The IRS is not an organization to try and avoid in anyway because if you eventually in your US Immigration get to point of applying for a green card and permanent residency in the US, one of things they will look at during your interview process is all your Tax Returns.

So as you can see there are many avenues to finding a role in the US under the J1 Work and Travel Program. You should generally plan for the application process to take 1-2 months on average with your sponsor organization. Some organizations like CIEE work via partner organizations in most countries around the world where as others deal directly to the US office for the application process. Once they have confirmed everything you can then go for your US Consulate or Embassy interview to actually get the J1 visa stamp in your passport.

Finally to note for the future, you can transfer from the J1 visas to other visas like the H1B visa but you must technically have your application officially received by the USCIS in time and then you can stay while your application is being processed. However you cannot do anything like work or study legally until you receive approval. Additionally you should note from the links in the post the strict conditions and applications periods of visas like the H1B visa and F1 visa as it differs greatly from the J1 visa.

Good Luck,

CJ

©2010 E3 Visa. All Rights Reserved.

On February 24, the first positive US Immigration reform legislation was officially introduced to Congress co-sponsored by Senators Kerry (D-MA) and Lugar (R-IN). As you know we strongly opposed the H1B visa and L1 visa reform legislation introduced to Congress by Senator Durbin (D-IL) and Senator Grassley (R-IA) as being short-sighted, anti immigrant and ultimately bad for the US and the US economy.

So this new bill titled the StartUp Visa Act of 2010 has been what many venture capitalists, industry leaders in the Silicon Valley and technology space and prominent academics like Vivek Wadhwa had been calling for to help drive job creation and increase America’s global competitiveness by allowing immigrant entrepreneurs to remain in the US and innovate. Ultimately bringing great wealth to the US, thousands of new jobs to the US economy and ultimately prosperity to the US economy and people as a whole via greater tax revenues.

There is great precedent for this as according to American Made: The Impact of Immigrant Entrepreneurs and Professionals on U.S. Competitiveness, a 2006 study commissioned by the National Venture Capital Association, 25% of U.S. public companies that were backed by venture capital had immigrant founders. The list reads like a who’s who of the tech industry with Intel, Sun Microsystems, eBay, Yahoo and Google. Additionally of current venture funded organizations, that number rises to 50% for immigrant founded companies.

So you can see we are talking about millions of Americans directly and indirectly employed and involved in these industries and a huge injection to the US economy as a whole that if it didn’t exist in whole or partially would mean a radically different US today and most probably a completely new world economic superpower where these companies did reside.

Essentially a new visa category would be created called EB-6 for immigrant entrepreneurs, and take a portion of visas from the current EB-5 visa category which allows foreigners who invest a minimum of $1 million into the U.S. economy, and create ten jobs to be able to get a green card.  The EB-5 has many strict conditions attached to it, including around location of operation making it a less desirable option.

The StartUp visa will be made available to qualified candidates if they can suffice the following criteria;

- have a qualified venture capitalist or angel investor that has invested a minimum of at least $100,000 per immigrant founder, totaling a minimum amount of $250,000
- following proof of securing the initial funding capital, after two years, the immigrant can show that he or she has generated at least five full-time jobs in the United States (beyond immediate family members), and attracted another 1 million in investment funding or generated $1 million in revenue, then that person would receive permanent resident status (i.e. a green card)

Already as mentioned this has wide industry support but no doubt the dark forces of short-sighted lobby groups, bigoted members of society and dopey congress people will no doubt not see any of this overwhelming evidence and try and torpedo this effort at true US Immigration reform that benefits the country.

To read some extra details about this new StartUp Visa and the full Act itself go to the highlighted link.and also sign their petition in support of the legislation.

CJ

P.S. There is a major Immigration Rally taking place in Washington DC on Sunday March 21  organized by over 700 committed organization championing real change and you can click on the link to either participate or support this great cause.

©2010 E3 Visa. All Rights Reserved.

Credit (http://redbus2us.com)

So you can see the really crazy period was between 2006-2008 prior to the Global Economic crisis where the 65,000 cap was reached soon after the April 1 H1B visa filing opening. In 2004, the H1B visa quota was set back to 65,000 with the 20,000 extra cap for the US Advanced Degree holders exemption.
Prior to 2004 for 2 years, the H1B visa cap was 195,000 under the American 21st Century Competitiveness Act and then before that for 3 years it was 115,000 under the American Competitiveness Workforce Improvement Act.

Interestingly from 2001-2003, the H1B visa cap was never reached in the immigration year and in 1999 the USCIS issued more H1B visa than they had available. This was found after an audit by KPMG following the H1B visa season.

Now as we well known the past H1B visa season Fy2010 that recently concluded in December, 2009 was a extra long season due to the global economic crisis causing both US workers and foreigners to be laid off. In fact when you look at the top H1B visa employers of this past season, there was a marked change from previous years where some of the usual heavyweights like Tata and Infosys didn’t feature and companies like Microsoft were far less active in hiring foreigners.

To give you an idea of what the past H1B visa season was like we will look at some of the statistics released by the USCIS. Approximately 43% of all H1B petitions were for computer specialties. Most of these tended to be system analyst types as they as a subset were close to 38% of approved petitions.

A full third of the approved H1B visa applications were in the areas of education, engineering, architecture and executive areas Occupations in architecture, engineering, surveying, education, and executive specializations constituted another 33% of the total H-1B petitions approved. Drilling down further, electronic and electrical engineers represented about 4% where as Auditors and Accountants were closer to 5%.

Finally approximately 45% of people who were approved this past H1B visa season’s highest level of education was a Bachelor’s degree. This is showing the growing trend towards to advanced degree qualifications in the US being the norm and being the better ticket for a foreigner to finding work successfully in the US.

CJ

©2010 E3 Visa. All Rights Reserved.

There are two information lines you can call within Australia according to the US Consulate;

One is a paid 1-902-941-641 number which is charged at $1.15  per minute which either has pre-recorded information that is no different to the information you can find on the US consulate website. In my opinion this aspect of the phone line is rather useless as the information given is fairly obvious for the most part or explicitly mentioned on the website and visapoint site about your application process, services and interview. This part is available 24 hours a day.

However within this you also have an option to be connected to a live consultant available between 8:00am and 7:00pm, Monday to Friday Australian Eastern Time. This now costs $3 per minute. If you are needing to call the US consulate this is definitely the more helpful part as you can ask your specific question particular if you have complex issues like administrative processing, visa reciprocity fees, etc. that are not articulated fully on the site.

The second information line is a 1-800-687-844 number which is essentially the same live consultant service as the above 1-902 number but no pre-recorded information. Thus it is only available in those hours listed above. However here you have to give credit card information and you are charged a flat $12 for the call.

I guess the best advice to give if you think you need to speak to a live person about your case then judge in your mind how long you think the conversation could be and opt for the number service accordingly that will give you the best value for money given one is a ongoing charge and the other is a flat rate.

However note they never really get specific on those calls so will not delve into the personal details of your case and are not say like a bank or credit card hotline where you can debate merits of the case or fees with them. They are more informational and procedural and they don’t deviate from that so don’t waste your money if that is your intention as you will only come away more frustrated.

Also they have a information video you can watch in regards to your US Consulate interview. So if you read our US Consulate interview post and watch this video, it will certainly demistify the entire visa interview process for you and help you be fully prepared for the experience. It is a very sterile environment and process to say the least!

Finally you should be aware that if you are refused a visa under either the 221(g) Administrative Processing provision or the 214(b) non-satisfaction of home country ties or visa condition violations, that you do not then immediately subsequently attempt to enter the US on the Visa Waiver Program as you will most likely be refused entry at the US border and be sent home.

CJ

©2010 E3 Visa. All Rights Reserved.

An L-2 non-immigrant visa is a dependent visa category available for the immediate family members, i.e., spouse and unmarried children (under the age of 21) of L-1 visa holders who wish to enter the U.S.

L-2 visa holders can live in the United States for the entire length of time authorized in their spouse’s L-1 visa. L-2 visa holders are responsible to extend L-2 status if their spouse’s L-1 visa has expired, and they intend to continually live in the United States with their spouse. You may travel in and out of the U.S. on L-2 visa as long as you maintain valid status, and the principal L visa holder maintains his or her status. You may attend school in the U.S. while on L-2 status.

Under U.S. immigration law, L-2 visa holders can apply for work authorization upon entering the United States. L-2 spouse of an L-1 visa holder can obtain a general Employment Authorization. The employment authorization must be applied separately by the L-2 spouse. The L-2 child is not permitted to work.

To extend your stay in the United States, you should file Form I-539, Application to Extend/Change Non-immigrant Status, with USCIS before your visa expires. If you are unsure of your current departure date, check the date on Form I-94, Arrival-Departure Record, to find out how long you are allowed to stay in the country. USCIS recommend that you apply to extend your stay at least 45 days before your authorized stay expires, but the USCIS Service Center must receive your Form I-539 application by the day your authorized stay expires.

If an employer files a Form I-129 to extend the status of L-1 visa holder, and the L-2 spouse and/or unmarried children under age 21 also want to extend L-2 status, they will need to file a Form I-539, Application to Extend/Change Non-immigrant Status. While the dependents of L-1 cannot be included on Form I-129 they can all be included on one Form I-539 to extend L-2 status.

After you have submitted Form I-539 application to extend L-2 status, USCIS will mail you a receipt. This receipt will provide a number assigned to track your Form I-539 application, as well as the projected processing time. An extension of stay is not automatic. USCIS will look at your situation, your status, the reasons you want to extend L-2 status, and will decide whether to grant your Form I-539 application.

If your application is received by USCIS before your status expires, and if you have not violated the terms of your status and meet the basic eligibility requirements, you may continue your previously approved activities in the United States (including previously authorized work) for a maximum period of 240 days, or until a decision is made by USCIS on your application or the reason for your requested extension has been accomplished.

If your Form I-539 application for an extension is approved, you will be issued a replacement I-94 with a new departure date

©2010 E3 Visa. All Rights Reserved.

Whether you have an H-1B visa or want to apply for one, you need to distinguish fact from fiction when it comes to H-1B visa requirements, benefits, and obligations. To avoid costly mistakes with your H-1B visa, read further for the nine common misconceptions about H-1B visas and the truth about them.

Misconception #1: As long as I have a Bachelor degree, I qualify for an H-1B visa. Wrong! While a bachelor degree is one of the requirements for an H-1B visa, the position offered must demand a bachelor degree as minimum for entry into the position. In addition, your degree must match the position requirements. For example, if the normal requirement for an accountant is a bachelor degree in accounting, you would not qualify if your degree is in business administration.

Misconception #2: My potential employer must prove that it has attempted to recruit U.S. citizens through advertising before the H-1B petition can be approved. No. Generally, there is no recruitment requirement for H-1B petitions, with the exception of H-1B dependent employers and employers who received TARP funds. The labor certification process for permanent residence (green card) has a recruitment requirement which is often confused with H-1B requirements.

Misconception #3: Only large employers may obtain H-1B visas for its employees. Not true. Any employer may petition for an H-1B employee, regardless of size, so long as it is a U.S. entity and has a tax identification number issued by the Internal Revenue Service (IRS). Smaller employers may need to provide financial and business information to establish they are operational but there is no minimum business revenue required.

Misconception #4: All new H-1B petitions are subject to the 65,000 annual numerical limitations on H-1B visas. Not true. While there is a 65,000 annual limit to new H-1B visas issued, starting October 1 of each year (”H-1B cap”), there are exemptions from the H-1B cap (cap-exempt). In most cases, those workers that already hold H-1B status are exempt from the cap even if a new employer files an H-1B petition. Employers that are post-secondary educational institutions such as universities and colleges (including two-year technical schools) and their non-profit affiliates are exempt from the H-1B cap. Employers that are nonprofit research organization and government research organizations are also exempt. And, workers who will work at the locations of these organizations even though actually employed by for-profit companies are also cap-exempt. For example, physicians who are privately employed but work at university-affiliated hospitals will qualify for cap-exempt H-1B visas. Importantly, there are 20,000 exemptions available per year for H-1B petitions if the worker holds a master degree or higher from a U.S. educational institution (foreign degree equivalency is not sufficient).

Misconception #5: To qualify for the H-1B visa, I have to prove that I intend to return back to my home country after my visa expires. There is no such requirement. Non-immigrant intent is not required for H-1B status which means that you can intend to apply for permanent residence in the U.S. (and have already applied for permanent residence) and still obtain an H-1B visa.

Misconception #6: Once my employer files the H-1B petition, I can start work. It depends. If you already hold H-1B status and are in the U.S. working for a sponsoring employer, you can work for a new H-1B employer once that employer files the H-1B petition. Otherwise, you have to wait for the H-1B approval before legally starting work. For example, if you hold F-1 status and do not have any other work authorization document, you must wait for the H-1B approval before you can start work.

Misconception #7: I am on F-1 status with a practical training work permit (OPT) that expires on August 1, 2009. My employer wants to file an H-1B petition for me; however, because of the H-1B limit, the earliest start date for me with H-1B status will be October 1, 2009. I have to stop working on August 1. Wait! Under current rules, if your H-1B petition is filed before your F-1 OPT expires, you may continue working after the OPT expires. If your H-1B is approved for October 1, 2009, your status will be changed from F-1 to H-1B. If your H-1B is denied after your OPT expires, you must stop working.

Misconception #8: If I have an H-1B visa, I can work for any employer. Not true. An H-1B visa is employer dependent which means you can only work for the sponsoring employer. If you want to work for a new employer, the new employer must file an H-1B petition for you. If you want to work for a second employer at the same time as you work for your H-1B employer, e.g. part-time work, the second employer must file an H-1B petition for your concurrent employment.

Misconception #9: My employer has to employ me during the full period that my H-1B is valid. Sorry, there is no such thing as guaranteed employment. Subject to employment laws, an employer can dismiss an H-1B worker at any time during the validity period of the H-1B visa. However, in such a situation, the employer will be responsible for the worker’s reasonable costs of return transportation to their home country if the worker chooses to return. Also, if your employment is terminated, you lose your H-1B status unless you have a new employer who files an H-1B petition for you before you stop working.

Guest Post Author

©2010 E3 Visa. All Rights Reserved.

It is with great difficulty that an immigrant acquires the status of permanent residence in the United States. But this does not mean that an immigrant should act indifferently once he gets his permanent resident status. Once obtained, he has a greater responsibility of maintaining that status. This is because it takes only moments to wash away all the hard work that has been put in to acquire that status.

The most important of all the reasons for the loss of a permanent residence status is indulging in any form of criminal activity. No government of any country can tolerate its immigrants adding to the crime rate. It is similar with the United States government.

Being a law abiding society, it is but obvious that all the permanents of the United States are to follow the laws of the country. If any of the immigrants are convicted for any form of criminal activity or practice activities that are considered a crime in the United States or any other country, which would pose a barrier to their status. The immigrant would instantly be deported back to his native country and would not be permitted to enter the United States ever again.

Some of the following criminal activities that could hamper the permanent residence status of an individual include the following:

• Any form of violent activities and the punishment of such crimes include a minimum of a year of service in the prison.
• Committing murder.
• Activities involving terror which would may pose a threat to the local population.
• Rape, molestation and sexually assaulting women and children.
• Illegal dealings in arms, drugs and human trafficking.
• Sexual misconduct, causing physical harm, any fraudulent practices which have led to loss or damage to people and property.
• Threatening someone for one’s own means as well as reckless behavior.

Additionally, there would be a serious outcome incase of the following:

• Providing with false information and lying to get immigration benefits.
• Claiming to be a citizen of the United States when the immigrant is actually not.
• Participating in elections – federal or local, that is only permitted to the citizens of the United States.
• Indulging in drinking or being a habitual drunk as defined by the US immigrant department as well as using drugs illegally.
• If an individual is married to two people at a given period of time.
• Neglecting the responsibilities of supporting the family.
• Found to be practicing domestic violence.
• Not filing tax returns on time.

In case an individual has been involved in any of the above, the first thing that he must do is to contact an immigration lawyer or any community based organization which provides legal support to these immigrants.

Guest Post Author

©2010 E3 Visa. All Rights Reserved.

Now you may remember some of the predictions we made last year turned out not to come true mainly due to the economic conditions of the time. However anyone following the advice of that post and getting their application in on time on April 1, which is the first day the USCIS will accept new H1B visa petitions, meant earlier approval for your H1b visa application which is always a good thing.

This year we thought we would do even more for you and try to be helpful by including the H1B visa costs in this post as well as some of the tips and savings to look out for in your US job search and subsequent H1B visa application

However one thing we do know is that following the end of the FY2010 H1B visa season there was a real rush of H1B visa applications as the US economy stabilized during the latter half of 2009. In fact there was so many H1B visa applications reight towards the end the USCIS had to put out an edict for a lottery type system they would use for rejecting H1B visa petitions so as not go beyond the 65,000 quota mandate.

Therefore the expectation for FY2011 H1B visa season beginning on April 1, 2010 is that is should be a lot more competitive and we may even go back to circumstances of previous year. This includes closing acceptance of new H1B visa applications soon after the April 1 commencement and other procedures like the H1B visa lottery for both the Advanced Degree Exemption quota of 20,000 and the main H1B visa quota of 65,000.

We did some H1B visa Season Tips for you already which should really give you the best chance of getting your application approved. Now while we do expect it to be more competitive in 2010, we don’t expect it to be like the crazy years of 2006-8 but we still implore everyone to find their H1B employer sponsors now, get your approved Labor Condition Application (LCA) from the Department of Labor and have all your H1B supporting documents ready to file immediately to file via your employer or attorney on April 1, 2010, This is the best thing to avoid disappointment.

It is our expectation that by the end of May 2010 at the latest all H1B visas will be allotted for this current season.

Also do not necessarily think, like the optimistic view in 2007, that the H1B visa quota will increase in coming years. There is already legislation submitted to the US congress to limit the scope of the H1B visa and even the quota further.

H1B Visa Costs

To Apply for the Visa; (all USD)
1. USCIS Filing Fee with USCIS $320 – Form I-129 (Spouse optional H4 Fee is $300)
2. Fraud Detection Fee with USCIS $500
–
3. LCA Filing Fee with Department of Labor FREE – Form ETA 9035/9035e (a small win here…although am sure will change one day)
Also have to ensure prevailing wages are met as well in this part so you are paid the same or more as a US worker in same position)
–
4. Premium Filing Fee $1,000 (optional – Form I-901) – excessive designed to help process where your legal representative has access to case officer phone number and decisions are made fast in 15 days and can also aid spouse partner H4 visa process
–
5. ACWIA Fee $750 or $1,500 – if your petition is successful this goes to a training fund for US workers and is $1,500 unless you have less than 25 full time employees. Some government, education and non-profit institutions are exempt from this fee
–
6. Consular Application Fee $131 (x2 for spouse)
7. Visa Issuance Fee $100 (x2 for spouse) (but varies by country so check the Visa Reciprocity Section of the USCIS

(NB: If able to transfer to H1B visa status within US without needing to leave the country if you current non-immigrant visa status expires after October 1, then you can file form I-539 with the USCIS along with I-129. If filing these forms together there is no additional fee)

Total If Visa Issued Outside US: $1,801 to $2,551 (plus $1,000 Premium Filing Fee if Opted)

Total If Visa Status Change within US (if eligible): $1,570 to $2,320 (plus $1,000 Premium Filing Fee if Opted)

NB: If you change your status to H1B within the US and then later travel outside the US for whatever reason, then to re-enter the US you will need to get an H1B visa stamp in your passport anyway so have to attend as US Consulate or Embassy interview in a foreign country.

It is important to realize that none of the above costs include any legal costs at all so if you are deciding whether you need a layer for your H1B visa process if you are paying for one yourself, that you realize what the actual H1B visa application costs are as listed above and thus what your lawyer is charging you for their time. You should note it is NOT mandatory at all to have an attorney

Technically all the H1B visa costs including legal costs are meant to be paid by your employer and most good employers will do all this for you but a few try to pass this cost in various devious ways back to the employee.

If you are paying for a lawyer itself it can be good to get a fixed legal quote for the entire H1B visa process and to shop around but also know that you often get what you pay for and additional work will no doubt cost extra.

Finally is you are trying to decide whether any of the many H1B visa help sites like H1Base or H1visajobs are worth the fees they charge to help in your search then definitely read our reviews and others before making up your mind.

Good Luck,

CJ

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