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
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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)
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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
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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.
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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
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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.

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

©2012 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.

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©2012 E3 Visa. All Rights Reserved.