So as of May 14, 2010, which is the most recent h1b quota update the USCIS has announced. There are currently 19,000 petitions to count towards the general 65,000 H1B visa cap which only includes petitions that are approved or pending.
Anything that has already been denied is not included.

Additionally 8,100 petitions have been received for the US Advanced Degree exemption quota portion of 20,000. It should be noted that if the advanced degree quota fills up, then those petitions go into the pool for the regular 65,000 cap.

(It should be noted that the related H-1B1 visa for Chilean and Singaporean citizens are not included in this cap)

So it would seem that there is plenty of visas still available and judging by the moderate amount of applications received thus far, traditional H1B visa sponsor companies are still nowhere the levels of hiring they were in 2006-8,

Additionally this quota has not grown much since our H1B Visa April 2010 update and so our prediction of the autoa nearing exhaustion by the end of May 2010 is way off. In fact in about 40 days, the quota has only grown by about 6,000 for the main cap and about 2,500 for the advance degree exemption.

Certainly it would seem that the overall unchanged rate in the unemployment rate at the levels of close to 10% in the US overall is still having a large effect of the hiring of foreign talent.

As an additional note from the USCIS regarding Form I-907 which is used to request premium processing; (although this H1B visa season like last year, it may not really be as necessary with the H1B visa quota filling up so slowly)

H-1B petitions are eligible for the Premium Processing Service.  Petitioners may choose to file a Request for Premium Processing Service (Form I-907) to have their petition adjudicated within 15 calendar days. To request premium processing submit

• the Form I-907 and
• the filing fee of $1,000 (this fee is in addition to the required base filing and other applicable fees and cannot be waived).

You can file the Form I-907 and corresponding fee

• at the same time as Form I-129 or
• at any time after you file Form I-129 while it is still pending.

If filed after the Form I-129, be sure to include the receipt number (e.g., EAC 10 123 51234) of the Form I-129 in the pertinent section of Form I-907.

• Complete all sections of the form accurately with original signatures.  We will accept the 08/28/06, 04/02/07, 07/30/07, and the 8/10/09 editions of Form I-907 through April 30, 2010. After April 30, 2010, we will only accept the 08/10/09 edition of Form I-907.
• The representative should sign in both Parts 3 and 4 of the Form I-907 if there is a valid Form G-28 with the filing.  Otherwise, the petitioner’s signature is required.  Preferably, the signature(s) should be in blue ink.
• Include a copy of the Form I-129 receipt notice along with the Form I-907 when Form I-907 is filed after the filing of Form I-129.

Also again it is good to note the change of address for sending applications here and for the official USCIS link about FY2011 H1B visa season, click here.

CJ

©2012 E3 Visa. All Rights Reserved.

Already this year we have listed the most recent Top 25 Employer Sponsors of H1B visas to give you an idea of who most recently has been hiring foreign workers even during the tougher economic times of last year. Then we also covered some great H1B visa application filing FAQs as well as covered all the H1B visa petition supporting documents you need for a successful application.

There is every indication this year that things should go back more to normal due to the better economic conditions. This means that it is more likely you will need to get your H1B petition filed close to the April 1, 2010 filing date to ensure you have the best chance of being approved for a successful application.

What this means that even things like the H1B visa lottery may be reinstated this year if there is an over supply of application for the 65,000 H1B visa quota for the main group along with the additional 20,000 quota for those with US based advanced degrees (i.e. Master’s or higher).

This H1B visa lottery in past years has left many deserving foreigners and their employers with work approval so it is critical that you get your application early to avoid any random selection in the process.

Some other general tips for H1B visa season include;

1. H1B visa Premium Filing: If you either have means to pay for premium processing or your prospective H1B visa employer sponsor on your behalf can on your behalf, then certainly do. This is where the USCIS guarantees a response of approval, denial or need for more information within 15 days of filing (otherwise they refund the money). This costs $1,000 and while it doesn’t directly mean your chances are better it does give your employer/attorney direct access to the USCIS assessing case officer. (you can’t do this on your own behalf). This of course tends to help the whole application process being approved and being done quickly
2. Understand Specialty Occupation & Wage Requirements: Due to the tougher economic conditions there is definitely more of a focus from the USCIS and US Department of Labor (DOL) that these are enforced. Specialty occupation in its broadest sense can mean any occupation that requires and specifies as so a Bachelors Degree minimum requirement with a few exceptions. However it is important that role as defined in the your H1B application to the USCIS and prior ETA-9035(e) filing with the US Department of Labor to receive your LCA is as specialized as possible. The more generic your title and job duties, the greater the risk of denial either at these points or even when applying for your H1B visa at your US Consulate or Embassy Interview
3. Beware of H1B visa Fraud: In years gone by many individuals and employers were more easily able to get away with either borderline following the rule H1B visa petitions or more fraudlent H1B visa applications. They were borderline and/or fraudulent in the areas of who was actually employing the foreigner, where their job sites would be, who was paying them, whether they were really employees or contract workers paid by the job, whether they were benched (meaning not working or being paid waiting for their employer to send them to a new role), etc. Currently there are more regular H1B visa site audits, additional scrutiny of applications at all levels from the DOL to USCIS and the US Consulates and more alarmingly recently H1B visa deportations of approved H1B workers.
4. US Immigration & Employment Trends: Ensure that you are fully versed in the best locations and industry sectors to look for work in the US. We documents these immigration and employment trends recently and you will see that areas like Texas and Florida and then industry sectors like Health, Education, Green Energy and Internet are among the best places to search for jobs.
5. US Job Applications: Understand the best places to look for work in the US, how to create a US style resume, issues and extension benefits if transferring from the F1 visa OPT program and finally great US job interview techniques

Good luck in this H1B visa season to all foreigners and we look forward hearing your stories and experiences as the season unfolds.

CJ

©2012 E3 Visa. All Rights Reserved.

They also announced that although they have recieved 20,000 applications for the US Advanced Degree extra quota which represents the full amount of the quota, the USCIS are continuing to accept applications given that many of these applicated may not be deemed suitable or may be withdrawn later.

Additionally to note those foreigners who hold US Masters Degrees will have their applications form part of the general quota if they don’t get a H-1B as part of the additional 20,000 quota.

If you filed your application in the intial 5 filing day window after April under Premium Processing then your processing began on April 7 and thus the 15 day processing time will end on April 22 and you will probably be notified of your success or otherwise in your H-1B visa soon after that date.

If your H-1B petition was filed after the intial 5 days and you opted for Premium Processing, then the 15 day processing time begins once the USCIS physically receives the application.

(to read the USCIS press release for April 20 on the H-1B visa click here)

©2012 E3 Visa. All Rights Reserved.

I will also do this for other visas like E-3, J-1, F-1, etc. as well as the Permanent Residency/Green Card system and thus US Immigration as a whole.

Let’s take a one of those major reasons as an example;

According to them the “h-1b visa system displaces US workers, causing local unemployment to be higher”

• the fact is that if it wasn’t for immigrants, companies like Google, eBay, Intel and Paypal may never have begun in more recent times. How many more Americans would be out of work directly and indirectly in related industries?
• If a person works a lot harder creating a new product, providing a great service so a new client is earned, etc. then that company now will hire more people. Immigrant workers not just today but throughout the entire US history have worked a lot harder their local counterparts because they have too just to survive. (incidentally this is also what ultimately pushes wages hire for US workers as well dispelling that myth as well)
• A foreign worker with high education in skills in engineering who comes over to be a lead engineer at Apple or work in the Alternative Energy or Bio Tech arena is not displacing a manufacturing worker who lost their job at GM or Chrysler because of their mismanagement. The unfortunate reasons why the average US worker is losing their job is because of terrible American executive management at the companies for decades and corresponding terrible American politicians and their policies in Government. (the politicians and media use foreign workers to deflect blame from where it rightly should be at themselves)

Now let’s get to what you have all been waiting for the Top 10 Reasons why the H-1B visa system is unfair.
This list is not in any particular order as to some degree they are all as bad as each other. (you will see many of this Top 10 list have links as their dedicated posts already about those topics with even more information than the snippet here)

1. Visa Application Cost – Currently if a company chose to apply for the right and was serious about hiring a foreigner they would have to pay about $2,000 in application costs ($1,000 without premium processing) that is not refundable for the application as these days there are always more applications than annual visas available. Then a further $1,000 in extra fees if the petition is accepted. Where does this money go? Well to the US Government of course for vague reasons like Fraud Detection, US Retraining, Homeland Security, etc. So in other words the same old excessive pork barreling for the US Government and politicians.

2. Premium Processing - Ok for the USCIS to process your H-1B visa application “faster” (i.e. 2 week guarantee) and for your registered attorney or company to have phone access to the case officer assessing your application you can pay this extra $1,000 fee. While this doesn’t necessarily “help” your application, all the big companies tend to do it for their applicants to ensure things are correct and of course they get the most visas. In the end it is a fee that benefits only those that can afford to pay it.

3. Visa Lottery - Since the H1B visa has been capped at the 65,000 mark, oversubscription has been a huge issue. Last year they received 130,000 applications on the first day alone on April 1. Even the 20,000 cap for foreigners with US Masters Degrees s being oversubscribed and going to a lottery. The fact that so many companies need the specialized talent but the US Government has set some arbitray limit is not helping the anybody in the US economy.

4. Lawyers - We have consistently said the only people who benefit from this process all the time is the Immigration attorney. For them it doesn’t matter whether a foreigner gets a visa or doesn’t. As long as the system is so convaluted and unnecessarily complex they can just charge more fees. And you wonder why their lobby is so strong in Washington!!

5. Lack of Access by Smaller Companies – For many of the reason I have highlighted above with excessive fees, lawyers, etc. puts the whole process beyond smaller companies, companies in non major centers and many start-ups. If these companies had better access many cities around the country would not be dying and many innovative start-ups could turn into houselhold names and benefit the US as a whole.

6. Visa Quota - As we mentioned there is an arbitray quota of 65,000 H-1B visas each year with an extra 20,000 H-1B visa for foreigners who may have US Masters Degrees. These figures are based on nothing and just random figures to suit nothing but a few politicians in Washington. Given that Bill Gates, richest man in the world who created one of the world’s biggest brand in Microsoft thinks this figure should be more around 500,000 for the US economy, you can see where this may be an issue

7. Lack of Incentive for Permanent Residency/Green Card - An immigrant who comes to the US legally and works hard, pays taxes, etc. it is not the easiest path to Permanent Residency. It is again up to the employer to pay for the application costs and due to the completely overworked and innefficient USCIS and complexity of the process, it can take many years for this to even come through. Some applicants have to stay in their same role foregoing promotions and salary increases, better opportunities at other companies, etc. for 5 or more years just so this process can play out.

8. Tax Burden - An H-1B immigrant has to pay all the taxes a US worker has too; being Federal, State, City if applicable, Social Security, Medicare, etc. However unlike a US worker they have no access to Social Security benefits or Medicare. So they are helping the US worker completely but getting no benefit for themselves.

9. Change of Employer - To change employers, an H-1B applicant’s new company has to pay almost all of the same application costs that we said can be around $3,000. The actual complete approval process itself can take many months. However from the date an H-1B leaves their current company they have only 10 days to get initial approval from Department of Labor  for their new company or they are considered out of status and have to leave the US. Imagine if you were laid off suddenly and you had 10 days to not only find interview but also secure an offer and then submit the approval documents or you would be deported.

10. Hire Dates - So the applications open on April 1 each year and for a few luck people whose applications go really well they may their approval by the start of May. Can they start working then? NO!!! 
The official start date for H-1B visas is October 1 so companies, foreign employees and thus the US Economy as a whole is put on hold for this date to tick over for work to begin

BONUS: Visa Stamping & Travel - I put this in the bonus section as it doesn’t necessarily effect the US Company, US Worker or US Economy but more just the foreign worker. Should this person in their measly 2 weeks leave a year get to be able to go back home and see their families and friends, for the first time they have to plan a visit to the local US consulate just to get their visa stamped. Seems like a simple process but usually takes half to 3/4 of a day to do. That’s a large part of a short vacation spent on US beuracracy!!

©2012 E3 Visa. All Rights Reserved.

So what is the answer……well as with most questions about money with a legal twist, the answer is it depends and can be excessive but I will try and remove all the BS and summarize it all

For the H1B candidate (as it stands today)

The costs are generally borne by the sponsor employer but often the employer asks the prospective candidate to share these costs or bare it entirely which can be a big initial hit to your bank balance. Particularly when you consider the initial filing fee is non refundable if your petition fails as is the premium processing costs and of course lawyer fees. Then your consular application costs are of course non refunable if you fail as well.

Quite simple it is a rort with the only real beneficiaries being the lawyers as they are only the part of this whole chain who benefit regardless of the outcome with no ongoing costs or burdens in any way. So it is no small wonder why their lobby groups have been so strong in Washington DC for a long time. Immigration to them is big business with comparitively little work as most cases are straightforward, little time expended work that an actual qualified lawyer probably doesn’t do much with at all and his handled by hid/her assistants and para-legal associates.

To Apply for the Visa; (all USD)
1. USCIS Filing Fee with USCIS $390 – 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 http://www.travel.state.gov/visa/reciprocity/index.htm

TOTAL (if you do it the most effective way with premium processing) $3,621 +$531 for spouse

Now in all of these costs I did not include any attorney costs. So if you are a couple the bill is already over $4,000 before legal fees hit. Now truth be told you don’t need a lawyer but with H1B cases, good companies always use lawyers and if you are a foreign citizen who has to do this, unless you know the US System back to front, a lawyer is probably a good idea.
Costs here probably vary from $1,000 to $3,000 for a standard case but have heard of a lot more.

Like I said if you have good employer they will probably pay all costs including legal costs except maybe for the consular application and issuance fees. However do realize what you are getting yourself into should you choose to go down this road as of course you will have travel, accomodation, lease deposit and other expenses as well. Remember your spouse can’t work either on the H4 visa.

The Immigrant Life is Tough!!

For the E3 candidate (as it stands today)

Life is a little easier as the USCIS and AWCIA fees are eliminated and premium filing is not an option nor is it necessary when you make initial applications because of the difference in process. So you might have read in previous posts how hard things are with E3, well like I also said Aussies do have it easier than most!!

1. LCA Filing Fee with Department of Labor FREE (a small win here…although am sure will change one day)
–
2. Consular Application Fee $131 (x2 for spouse)
3. Visa Issuance Fee $100 (x2 for spouse) (but varies by country so check http://www.travel.state.gov/visa/reciprocity/index.htm
–
4. Spouse Optional Filing Fee To Work i765 $340

TOTAL $231 +$231 for spouse +$340 spouse work

Now while many employers still use lawyers for the E3 visa process, I always wonder why, as it is designed to be an extra simple process compared to H1B, unless there is something really unusual in your case (i.e. criminal conviction or something).

There are advantages to the H1B with the easier relative path to green card but in this capacity (costs), E3 is clearly superior!!

Happy Saving

CJ

©2012 E3 Visa. All Rights Reserved.