While last season FY2012, the H1B visa quota was exhausted on November 22, 2011, the H1B visa quota if continues at the current rate by mid July we may be fully completed which both is different from prior years and also probably means in 2013 with a further improving economy it will be even more competitive.
With the US unemployment rate down to 8.1%, and tech companies booming with many recent and forthcoming IPOs with Facebook, Yelp, Zinga, LinkedIn, Pandora, etc., the need for skilled workers particularly in engineering is hot.

At May 11, 2012, the main H-1B Visa Quota fill rate is increasing in the second week of May, up 13% to 36,700 from 32,500 on May 4. Over the last 2 weeks there has been a 26% increase in H-1B quota and with recent Green Card Lottery Results now announced, those who missed out are now even more reliant on the H-1B visa route. Almost 75% of the Advanced Degree exemption quota for foreigners with a US Master’s Degree is now exhausted, up about 8% to 14,800 from 13,700 on May 4.

It should be noted that the related H-1B1 visa for Chilean and Singaporean citizens are not included in this cap which is about 6,800 set aside each year but is rarely filled and unused from the previous year are used in the current year. These are still being accepted for FY2012. Also please note the Official USCIS FY2013 H-1B portal.

Congrats to all those who managed to find an employer sponsor thus far and have got their application in early this year and good luck to those on F1 Visa OPT this year in your quest to get an H-1B visa. It is already a more competitive year this year than recent times so would be good to accelerate your search now and apply, apply, apply!

Cj

©2012 E3 Visa. All Rights Reserved.

Fortunately there has been no issue as there was last year with Green Card Lottery Winners where the initial announced winners had to be recalled and there was ultimately a federal court challenge which was eventually dismissed

You should note that being selected as a winner does not guarantee you a green card as you must pass some additional criteria as well in the application process. The actual DV-2013 visas will be issued between the period of October 1, 2012, and September 30, 2013. Applicants must obtain the diversity visa or adjust status by the end of the fiscal year.

Unfortunately those who missed out on the green card and permanent residency will NOT receive any notification however you will be able to check the status of their entry through the E-DV website. You must have kept the confirmation page information from when you entered the DV Lottery between October and December 2011.

As an example of what it looks like if you don’t win;

The results should be sent out to the lucky applicants with an official letter from the U.S. Department of State Kentucky Consular Center in Williamsburg, Kentucky. All notifications are by mail to your nominated address and you should note that there is NOT any email notification. It seems like already people have started receiving their winning letters so hopefully this will be the case for all of you that read this post and applied!

The notification letters will have additional instructions, including information about additional forms and other documentation required as well as immigrant visa application fees.

The Interviews for the DV-2013 visa lottery program begin from later Summer 2012 onwards and foreigners who applied overseas will receive an appointment letter from the Kentucky Consular Center about 5 weeks before the scheduled appointment.

A couple of additional points to note.

1. Be patient with receiving the 2nd letter if you have received the first as sometime the mail is slow. The only people that you can contact that will give you any insightful information if you are a winner and received the first letter is the KCC.

2. Check the US government websites to see the current dates for your number if you are a winner

3. If you were a child on a winner’s application and since turned 21 after being 20 at the time of application, you are still eligible as your age is frozen. However you must take up the green card within a year as otherwise you will be ineligible

4. High School education or its equivalent as per the requirements of the primary applicant means the successful completion of a twelve year course of elementary/primary and secondary education in the U.S. or successful completion in another county of a formal course of elementary/primary and secondary education that is comparable to the US 12 year education system.

5. If you are currently residing in the US on another non-immigrant visa, you are able to adjust your status within the US if you are a winner

Also FYI, the Green Card Lottery (DV-2014) will begin in October 2012 for those wanting to enter this year with more information about this lottery due by September.

Good Luck

CJ

©2012 E3 Visa. All Rights Reserved.

- to go to College legally
- access student loans and in state tuition rates
- apply for a social security number
- work legally
- access social support benefits
- and of course after becoming a citizen, vote in state and federal elections

In general, Democrats have been supportive of the most well known and proposed legislation that has existed as pending legislation in various forms for over 10 years. From a political standpoint this has largely lined up with their base being more supportive of the Hispanic demographic, the poor, minorities, being more supportive of a social safety nets and otherwise more all encompassing immigration policies.

However with Hispanic voters being both the largest minority voting block and the fast growing by far of all ethnic groups in the US, Republican politically candidates across the US including the Presidential candidates like Mitt Romney are acutely aware of not alienating this large bloc. It has profound consequences for many both many states today in deciding the Presidency in 2012 but also for future elections. Aware how as a party after the Civil Rights movements in the 60s, when Republicans lost the majority of the African American vote to Democrats, never to return to date, they desperately do not want to lose the majority of another ethinic group predicted to be 40% of the entire US population in 2050.

Enter Dream Act 2.0 as it has been dubbed by many, authored by Republican Florida Senator and Cuban American, Marco Rubio. This takes the original intention of the Dream Act and scales it back without criminalizing these kids of illegal immigrant parents. Essentially instead of providing a direct path to US citizenship, it provides an indirect and uncertain path to US citizenship for all groups except for ones who join the military who will receive a green card after serving.

All others will essentially be eligible for non-immigrant status which is really a fancy (and many say demeaning) way of saying they are eligible for work visas like the H-1B and student visas like F-1 which are the same visas that foreigners can apply for to come to the US. Then from that point via either relevant employer based applications, marriage to a US citizen or legal resident family sponsorship they could get access to a green card albeit with no guarantees and waits of up to 10 years or more.

So is it a good thing if you are a child of illegal immigrant parents?

Well the reality is anything is better than the current situation where they can’t attend college, work legally, travel outside the US, get legal IDs, access to many forms of private healthcare or have any path to normal sort of life with a constant threat of deportation. However you only have to talk to current foreigners to realize how bad and unfair the current Immigration System, Green Card opportunities and Wait Times are.

For example Mexican nationals after going through the 12-18 month green card application process under a status like EB-3 (which is common for professionals with a Bachelors Degree and less than 5 years of experience) will have a waiting period of over 10 years by current wait times before being eligible for a Green Card. (to note; the H-1B length is 6 years for regular maximum).

Ultimately while Democrats have for years for political reasons pandered to the Hispanic voting bloc, the so-called Dream Act 2.0 is a poor imitation of the original designed to curry a little favor to Republicans from the same group. However make no mistake, non-immigration status in many ways is only a small notch above illegal status with constant uncertainty and no clear path to permanency. Additionally adding a whole new bloc of people to the already long waiting queues for Green Card status will only increase wait times for everybody.

Cj

©2012 E3 Visa. All Rights Reserved.

The increases are supposed to be for increased demand in visas abroad along with facilities and staffing costs, however given the H-1B visa general demand over last 3 years is down significantly along with many other visas, not sure the logic holds up. Combine that with the huge US Budget shortfalls and this is an easy political move to increase revenue while not annoying actual voters.

As we said a majority of categories of nonimmigrant visa processing fees will increase, the fee for E visas (treaty-traders and treaty-investors as well as the E3 for Australians) and K visas (for fiancé(e)s of U.S. citizens) will decrease.

Nonimmigrant Visa Processing Fees

Immigrant Visa Processing Fees

©2012 E3 Visa. All Rights Reserved.

While last season FY2012, the H1B visa quota was exhausted on November 22, 2011, the H1B visa quota if continues at the current rate will be lucky to be still running during May. With the US unemployment rate down to 8.2%, and tech companies booming with many recent and forthcoming IPOs with Facebook, Yelp, Zinga, LinkedIn, Pandora, etc., the need for skilled workers particularly in engineering is hot.

As at April 27, 2012, getting close to a half of the main H-1B Visa Quota has been filled, up 17% to 29,200 from 25,000 on April 20. This is a slight slowing of the 21% increase in H-1B quota the prior week. Now over half of the Advanced Degree exemption for foreigners with a US Master’s Degree has also been filled also up 11% to 12,300 from 10,900 on April 20.

It should be noted that the related H-1B1 visa for Chilean and Singaporean citizens are not included in this cap which is about 6,800 set aside each year but is rarely filled and unused from the previous year are used in the current year. These are still being accepted for FY2012. Also please note the Official USCIS FY2013 H-1B portal.

Congrats to all those who managed to find an employer sponsor thus far and have got their application in early this year and good luck to those on F1 Visa OPT this year in your quest to get an H-1B visa. It is already a more competitive year this year than recent times so would be good to accelerate your search now and apply, apply, apply!

Cj

©2012 E3 Visa. All Rights Reserved.

However one other part of this legislation which we didn’t cover much is an addition to the E3 visa category. The E3 Visa is a work visa category that is currently exclusive to Australian nationals and has an annual quota of 10,500 per year. For many years, the Irish American groups and the Irish Government and been lobbying various US Congressmen and Senators (particularly those in large Irish ancestry districts and states) to expand the E-3 visa to include Irish nationals.

As a reminder the main facets of the current E3 Visa for Australians include;

- Available to Australian Citizens which means demand is low relative to annual quota
- An Annual Quota of 10,500 (reset every October 1)
- A Partner Visa called E-3D which allows dependent married spouses and minors to accompany E-3 Visa holder
- Spouse E3-D visa allows partner to work (differs from H-4 visa which is partner visa for H-1B that doesn’t allow working)
-  Visa holder has to be Australian citizen but spouse does not
- Allows work based on Specialty Occupation and Bachelor’s Degree conditions
- Can be applied for at any time of the year (unlike the H-1B visa)
- Is for 2 years and can be renewed indefinitely (unlike the H-1B visa which is for 3 years but only renewable once)
- Is NOT a dual intent visa unlike the H-1B visa (but it is not technically prohibited to have a concurrent Green Card application)
- Has no filing fees for the employer

Given the E-3 visa annual quota has barely breached 3,000 since its inception in October 2005, it has a lot of capacity available. However one point that has been largely ignored in relation to Irish citizens apart from the obvious pandering for votes by Senators and Congress people around the country with heavy Irish constituencies is that this bill can have a negative on current Irish immigrants in the country.

Irish immigrants currently in the country who may have pending PERM applications (Green Card or Permanent Residency petitions) will actually be disadvantaged by this entire bill passing through Congress. Because of the removal of limitations on all the Chinese and Indian nationals in particular artificially restricted from having too many of the annual quota of Green Cards awarded to them from the various waiting lists, current Irish immigrants on the waiting lists will now have to wait longer.

While the E-3 visa does make it slightly easier to navigate the US Immigration system, it is still difficult as Irish nationals just like with the H-1B visa need a job offer from an eligible US employer for and eligible job type prior to applying for the E-3 visa.

Cj

©2012 E3 Visa. All Rights Reserved.

As foreigners ourselves we know firsthand how crazy the struggle can be as collectively we have covered the J1 visa (various types), F1  Visa & OPT, E3 Visa, H1B Visa, Green Card Application Process & Green Card Lottery along with various renewals as well as work with people who have had to endure the L1 Visa, EB-5 Visa and H-2B visa along with all the partner and dependent visas.

Between us we have also worked at US Immigration sponsor organizations so worked the US Department of State, USCIS, SEVIS, US Consulates & Embassies all over the world as well as helped individually here thousands of people every month with answering their questions on all the various posts. Basically we have heard and seen it all!

So we wrote a book with our collective wisdom over the years that speaks directly to living, working and studying in the US from a foreigners perspective. We cover things like;
- Visa application process
- Immigration documents & fees
- Which types of visa is relevant to you
- US healthcare
- Job applications and interviews in the US
- Who are the US employers that sponsor work visas like H1B & E3 and where are they
- Colleges and universities in the US and how to apply
- Becoming a permanent resident via a Green Card and then a US Citizen
- Marriage in the US and marrying a US Citizen
- Doing your taxes in the US
- Lawyer fees
and much much more…. all told from the viewpoint that you will understand because we were in your shoes ourselves.

Ultimately we wrote this book in such a way that we ourselves would have like to had when we first began and then throughout our crazy US Immigration journey and it is our hope you will find it useful as well. We appreciate all your feedback as well.

Good Luck

©2012 E3 Visa. All Rights Reserved.

H1B Visa Application Fees
Base fee of $325
ACWIA fee of $750/$1,500 (if/as applicable)
Fraud Prevention and Detection fee of $500 (if applicable)
Public Law 111-230 fee of $2,000 (if applicable)
Premium Processing Service fee of $1,225 (if applicable)

All checks or money orders are signed and made payable to the “U.S. Department of Homeland Security.” If the 
petition is submitted with the wrong filing fee, it will be rejected as improperly filed. If one or more of the required fees are returned due to insufficient payment, the H-1B petition will NOT retain the original filing date. 

H-1B Regular Cap
1.  Requested start date must be on/after 10/01/2012 and within 6 months of the filing date.
2.  Includes current H-1B visa holders that were previously cap exempt and are now seeking to change to cap-subject employment.
3.  Check the box for 1a on Part C of Page 18.

H-1B Advanced Degree Exemption
1.  Requested start date must be on/after 10/01/2012 and within 6 months of the filing date.
2.  Beneficiary has earned a master’s (or higher) degree from a U.S. educational institution.
3.  Check the box for 1b on Part C of Page 18 and complete Question 2, Part C on Page 18.

Chile/Singapore H-1B1 Cap
1.  Requested start date for a FY 2013 H-1B1 must be on/after 10/01/2012 and within 6 months of the filing date.
2.  Beneficiary is a national of Chile or Singapore.
3.  Check the box for 1c on Part C of Page 18.
4.  Complete, sign and submit Page 10, Trade Agreement Supplement to Form I-129.

POINTS OF NOTE:
Petition includes original signatures (preferably in black ink) on Pages 6, 7, 10 (if applicable) and 12 of Form I-129 (with a revision date of 11/23/10 or later).

All sections of the Form I-129, H Classification Supplement to Form I-129, and H-1B Data Collection and Filing Fee Exemption Supplement (with revision date of 11/23/10 or later) are completed and all required pages are enclosed.

Form I-907 (with revision date of 08/10/09 or later) is completed, signed in the original, and enclosed if seeking Premium Processing Service.

A certified Department of Labor (DOL) Labor Condition Application (LCA) is signed by petitioner and enclosed.

Petition is being mailed with appropriate labels to the California Service Center (CSC) or Vermont Service Center (VSC) consistent with filing jurisdictions and instructions listed at www.uscis.gov.

All questions on Form I-129, H-1B Data Collection and Filing Fee Exemption Supplement (with a revision date of 11/23/10 or later), Pages 17 through 19 (particular those in Part C) are answered correctly.

©2012 E3 Visa. All Rights Reserved.

Eligibility to Extend Non-Immigrant Visa

Change your status in the United States if you meet these conditions:
•    Were lawfully admitted into the United States as a non-immigrant;
•    There is no other factor that requires you to depart the United States prior to making a reentry based on a different classification (for example, a USCIS officer may determine that you should obtain a new visa prior to being readmitted into the
United States)
•    You have not committed any act that would make you ineligible to receive an immigration benefit;
•    You submit an application for a change of status before the expiration date on your Form I-94, Arrival-Departure Record.  (There are certain very limited circumstances under which USCIS will excuse a late submission.)

NB: Your passport must be valid for your entire requested period of stay in the new nonimmigrant classification in the US

How do I know if I am not eligible to change my status in the US?

If you were admitted in any of the following non-immigrant categories, you cannot change your non-immigrant status and must depart the United States:

K-1 or K-2  (Fiancé(e) or Dependent of Fiancé(e))
C  (Alien in Transit)
D  (Crewman)
S  (Witness or Informant)
TWOV  (Transit without Visa)
WT or WB  (Under the Visa Waiver Program, you would have been issued a green Form I-94W, Nonimmigrant Visa Waiver Arrival-Departure Record)

If you were admitted in any of the following non-immigrant categories, there are certain restrictions concerning your ability to request a change in your non-immigrant status:

J-1 (Exchange Visitor subject to the 2-year foreign residence requirement cannot change status, with certain exceptions)
M-1 (Vocational student cannot change status to F-1) (Vocational student also cannot change status to any H classification—if the vocational training helped him or her qualify for the H classification)

NB: If you are in any of the above categories, you must depart the United States on or before the date your I-94 expiry

How do I change my nonimmigrant status?

Application procedures depend on the nonimmigrant status to which you want to change:
•    Employment-Based Categories:
If you want to change your status to one of the following employment-based nonimmigrant categories, your prospective
employer should file a Form I-129, Petition for a Nonimmigrant Worker, before your Form I-94 expires. The Form
I-129 serves two purposes to establish that:

–You will be performing the type of work covered by the new nonimmigrant classification for the petitioner; and
–You individually meet all requirements for changing your status. It should be noted that you cannot begin work in the new classification until we approve the change of status as opposed to H-1B portability which allows you to work for a new employer under the same status while an application is being processed.

Each of the below categories can change status to another US Visa but has specific requirements and limits, including limits on the length of stay in this country. For more information, contact the employer who has offered you temporary employment or qualified immigration counsel.

E-1 and E-2  (Treaty Traders, Treaty Investors, and Employees of Treaty Traders and Treaty Investors)
E-3 (Skilled Professionals from Australia)
H-1B, H-2A (Temporary Skilled or Unskilled Workers H-2B, or H-3 and Trainees)
L-1A or L-1B (Intracompany Transferees)
O-1 or O-2 (Aliens with Extraordinary Ability and Their Assistants)
P-1, P-2, or P-3 (Athletes and Entertainers)
Q-1  (International Cultural Exchange Visitors)
R-1  (Religious Workers)
TN-1 or TN-2 (Canadians and Mexicans under the North American Free Trade Agreement (NAFTA))

NB: If your prospective employer files a Form I-129 to change your status, and your spouse or unmarried children under age 21 also want to change status to remain as your dependents, they need to file a Form I-539, Application to Extend/Change Nonimmigrant Status. Note that they can all be included on one I-539. It is best to file the I-129 and I-539 forms together so that they may be adjudicated about the same time. Remember, though, that they are separate applications. Therefore, you and your family members (and your employer) must follow the instructions and file all the supporting documents with each application, even when filing forms together.

©2012 E3 Visa. All Rights Reserved.

As with last year we are also documenting the H1B visa costs so you can have all the information in one post. Now while it is unlikely the H1B visa lottery for both the Advanced Degree Exemption quota of 20,000 and the main H1B visa quota of 65,000 will be necessary, as mentioned there was been a rush to towards the end of the FY2012 H1B season and with the unemployment rate down to 8%, and job numbers for skilled workers improving, there is a possibility that this season will be more like 2007 & 2008.

On April 1, 2012 will be the first day the United States Custom & Immigration Service (USCIS )will accept new H1B visa petitions for the FY2013 H1B Visa season. Prior to that you can and should file your ETA-9035(e) for to the Department of Labor to get the your Labor Certification Approval (LCA) because that needs to be sent with the application. And regardless of the fact that we have been inaccurate for the last 3 years as to how quickly the H1B visa quota has been filled, an early and proper application is always the best recipe for success and less heartache. (official USCIS H1B site)

Ensure you also read H1B visa Season Tips and have all your H1B supporting documents ready to file immediately to file via your employer or attorney on April 1, 2012 for the FY2013 season.

Even though we are now in an election year, President Obama did call for some action to be taken even in a small way on the immigration front in his State of the Union address. Personally I think that is unlikely but it is certainly important to pay attention what the candidates are saying in relation to the Immigration policy and how they feel about legislation submitted to the US congress to limit the scope of the H1B visa and and things like the Start-Up visa.

H1B Visa Fees 2012

To Apply for the Visa; (all USD)
1. USCIS Filing Fee with USCIS $325 – 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 $1,225 (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. Public Law 111-230 $2,000 – (dependent) to be submitted by a petitioner which employs 50 or more employees in the United States where more than 50 percent of its employees in the United States are in H-1B or L-1 nonimmigrant status.
–
6. 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

ADDITIONAL FEES FOR VISA STAMPING IN FOREIGN COUNTRY
_
7. Consular Application Fee $131 (x2 for spouse)
8. 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 are in a 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: $1,706 to $3,456 (plus $1,225 Premium Filing Fee if Opted)

Total If Visa Status Change within US (if eligible): $1,476 to $3,226 (plus $1,225 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.

All the Best,
CJ

©2012 E3 Visa. All Rights Reserved.