You may remember from our October H1B Visa update for FY2010 that the USCIS reported that were going to continue to accept H1B visa petitions until the H1B visa quota for the year has been exhausted.

The latest USCIS update for the quota was released on November 6, where the reported receiving 54,700 H1B visa petition filings on top of the already 20,000 approved advance degree cap exemption filings. The annual quota is of course 65,000 for the main group so there is still at least 10,000 visas available and probably a fair number more as many of the H1B visa petitions will be denied or revoked.

The other major update the USCIS released for the H1B visa for November is that due to the Department of Labor (DOL) having a major backlog and delays with certifying and issuing the approved Labor Condition Application (LCA) which is need prior to filing the H1B visa petition with the USCIS.

For the next 120 days from November 5 2009, through March 10, 2010 (or whenever the cap is exhausted), the USCIS will accept H1B visa petitions even without the approved LCA from the DOL if it has been filed at least 7 days prior to sending the petition to the USCIS. The only acceptable evidence of filing is a copy of DOL’s email giving notice of receipt of the LCA to prove this when filing with the USCIS without the approved LCA.

Following this H1B visa applicants and the prospective sponsor employers who make use of this temporary flexibility in the normal filing procedures for H-1B visa petitions must wait until they receive a request for evidence (RFE) before they submit the DOL approved LCA to USCIS in support of the H-1B visa petition.

The USCIS will give petitioners a period of 30 calendar days within which they must send in a DOL certified LCA in response to the RFE.  Ultimately the USCIS will only approve H-1B visa petitions that include certified approved LCAs.

The most interesting thing has been since the October 1 (i.e. the start of the new US Immigration year), the rush of applicants and companies filing for the H1B visa meaning the job market is seeming picking up for college educated folks despite the 26 year record high 10.2% unemployment rate nationally.

Actually if you look at the following NY times interactive chart for unemployment you can easily see how not all groups are effected equally and the market for laid off H1B visa workers, F1 Student visa graduates and foreigners wanting to work in the US in general may be looking up finally

Good Luck,
CJ

Back after a mini break which in the end was only 4 days without posting Hope you all did not miss me too much. Since the title is a common question I get asked, I thought I would do a mini post about it.

So the E3 Visa has this requirement about Bachelor Degree and the role being a specialty occupation. Look even if you read the US Embassy FAQ about this, the definition is really a whole bunch of words that mean nothing.

In short the E3 Visa will apply if the job you are applying for in the US has a Bachelors Degree as one of the requirements or conditions for hiring a candidate. Now that does not necessarily mean you need a bachelors degree that is relevant to the role you are being hired for or even a Bachelors Degree at all.

In the US the undergraduate degree system is a lot more general so people may major in Political Science for example but go into Investment Banking. So if you have an Arts, Commerce, Science, Engineering or Law Degree as an Australian that will pretty much cover you for most roles.

They may ask you a question at the Consulate interview about this but that is easily answered by “you having a desire to go into **** field because that is where your talent and passion lies and your degree gives you great underlying knowledge to pursue it” (or something to that effect haha) Most likely it will never even come up.

If you don’t have a bachelors degree, the so-called rule is that you have 2 to 2.5 years of relevant work experience in lieu of each year of a standard degree in the field you are applying for. Now in Australia you can get Bachelors Degrees in 3 years but in the US it generally takes 4 years to get an undergraduate bachelors degree.

My tip is if you don’t have a degree but you have 9-12 years of verifiable work experience that is directly related to the role you have applied for and won in the US, and the employer has successfully filed an received the LCA from the US Department of Labor for you to take to the Visa Interview, then you will be fine! (of course the more experience the better!!)

So a specialty occupation for the E3 visa really becomes a role which requires specialized knowledge that can be obtained either by you having a Bachelors Degree or enough relevant work experience.

Of course for the E3 Visa, if your role requires some sort of certification that you need to do in the US to ply your trade in addition to your background qualifications, then you will have to that as well soon after entering the US.

Hope this clears things up.

CJ