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USCIS are continuing to accept applications given that many of these applicated may not be deemed suitable or may be withdrawn later.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.

With the above 2 links I have given a lot of background information to the E-3 visa beyond what official and other sites may tell you as well as great tips to finding a job.

Now today I think I will go into one of 2 indirect ways to get your E-3 visa (I will discuss the other in a suture post);

1. via F-1 visa
2. via J-1 visa
   

The F-1 Visa:
This visa is a full time student visa and used mostly by International students from all over the world to study at US college and universities for their undergraduate, masters/graduate and/or PHD programs. I will cover more on the F-1 visa in future posts including all its benefits and pitfalls, requirements as well as how to apply, etc.

It is very popular and historically has been the main way people from all over the world have been able to transfer from student to the H-1B visa. So in essence it is already used extensively as a stepping stone for Internationals to become full working professionals in the United States.

Of course this is not a cheap option, as outside of outstanding students and those in many PHD programs, chances are you will have to pay for your education in full. As you may be aware, college tuition fees in the US are not cheap.

Well short of having a source of funds to be able to attend one of the prestigious universities in the US like the Ivy League Group including Harvard or Yale, you can attend state universities where the tuition is much lower (although still probably expensive by global standards).

The tuition at state universities is subsidized by the Government and is even lower for residents of that state (normally you have to live in a state for 1 year to qualify for this so after a year of study your fees may even go down depending on the regulations of that state and university regarding foreign students).

The fees are generally charged by the amount of credits each subjects gives you and of course you need a certain amount. Without going into too much detail about this in this post, you are looking at up to $5,000 per semester for undergraduates but this depends on a large amount of factors and could vary. Here is a link from Sallie Mae to help you estimate costs. Of course Masters programs can be more but is generally only half the length of a undergraduate degree (2 years vs. 4 years)

Now it is very difficult for International students to get loans in the US, however Sallie Mae does have a program called Tuition Pay allowing to break up payments evenly over the months of a semester.

After all that what the F-1 visa does give you is the ability to do 4 things which greatly enhance your chances of finding an employer to sponsor your E-3 visa easily.

1. CPT – Curricullum Practical Training which allows you to work for credits to your degree (don’t do more than 12 months as it makes you ineligible for OPT)
2. OPT – Occupational Practical Training which is 1 year for undergraduates and now possibly up to 2 years for Masters or Higher Degree Holders to work at a US company. This is usually done by a student following graduation
3. Network via University, Alumni and Above Work Training Programs – The contacts you meet will be invaluable probably for the rest of your life and you will have so much help, support and advantage compared to the average E3 visa hopeful
4. Time – This may be the most important advantage as say you do a 4 year degree in the US or even transfer here for a part of your degree, you have so much time to do practical things like apply for jobs, build resumes and attend job interviews.

Finally I will give you the 2 final links that will help ensure you get your E3 visa and that is;
- How to explain the E-3 visa to an employer
- How To Change from an F-1 visa to an E-3 visa while in the US

I hope this gives you another option in your quest to obtain your E3 visa and begin your new life working and living in the US.

CJ

©2012 E3 Visa. All Rights Reserved.

In a most surprising turn of events, the United States Custom and Immigration issued a press release stating they are still receiving H1B visa petitions for FY 2010 which essentially means the quota is NOT filled.

This goes against everything I had predicted in my most recent H-1B visa update and proves that the detrimental effect of EAWA in TARP preventing some large organizations who traditionally hire a lot of foreigners is hurting H-1B offers and prospects of those applying for jobs.

Additionally the constant barrage of negative media coverage and grand standing politicians has even forced Top 10 US Visa Sponsor companies like Microsoft to publically state they were making less H-1B offers and petitions this year.

The Good News is that were you luck to have applied already and assuming your application is fully legitimate you should get yoru H-1B petition approved this year and you will be well on your way to your H-1B visa. Note this also good news for those with US Masters Degrees applying for an H-1B visa as it should be a same story for you.

I would suggest those who thought they missed out on the cutoff keep working triple time (no doubt what you are doing already) to get your employer and/or attorney to submit your H-1B petition as this may just be your lucky year with this alarmingly low number of applications.

I have one note of caution that SCAM organizations like H1Base are claiming there are 30,000 visas available but nowhere in the USCIS H-1B Visa Update for FY2010 Press Release does it state this at all. As we always say continue to be wary of misleading organizations like this and other fraudulent entitites.

Good Luck in FY2010

CJ

PS. People looking to apply for the E-3 Visa should take note that the prospects are much tougher at the current time for companies making offers to Foreigners so look at some of the different routes in addition to your search for E-3 Visa Jobs. Other good options include the F-1 Student visa particularly a masters degree or maybe a J-1 Visa Internship program.

©2012 E3 Visa. All Rights Reserved.

So what is the difference between a non-immigrant and immigrant in the US and thus the immigrant and non-immigrant visa as it is a different classification than most countries’ systems?

The Non-Immigrant Visa

Well a non-immigrant is anyone who had to establish prior to coming to the US that their permanent residence is outside the US and that they intend to return their after their temporary stay is over.

So of course non-immigrants includes tourists, including those on the visa waiver program, but this also includes those on H-1B visas, E-3 visas, J-1 Work and Travel Visas, J-1 Internship Visas, L-1 visas, TN visas, F-1 visas, B1/B2 visas, etc. All of these people in one form or another have to prove to their US consular or embassy officer that they have strong ties to their country of residence and intend to return their at the end of their US stay.

S0me visas like the H-1B and L-1, have what is known as a dual-intent provision which basically means they can apply for permanent status via their employer while on their non-immigrant status. The E-3 visa in practical terms seems to allow this too although it is not explicitly stated like the H-1B visa for example.

So what constitutes Strong Ties?

There is no set definition and the practical workings of this seem to differ greatly by country and also where a person may be born and even their heritage.

For example someone born and raised in Canada or the UK seem to have to prove little to prove they will return home as it assumed as they come from a rich Western country, probably with strong family and property/asset ties to home, they will return.

On the other hand someone who is from a 3rd world country or is a foreign born and raised citizen of say Australia, seems to have a higher burden of proof to prove strong ties and that they will return home as the US views them as a higher risk. Many view this as a racist policy and in some ways it really is but that tends to be the nature of modern immigration systems in Western Countries.

A strong tie can be;
- family members all residing in home resident country
- bank accounts held in country
- property ownership or significant assets like cars, businesses, etc.
- or anything seen as a compelling reason for a person to return home

As I said the burden for someone to prove this at their consular interview is really dependent on where they come from and sometimes how strict their assessing consular officer may be.

Due to way the regulations are written, it is up to the non-immigrant to prove these strong ties at the discretion of the consulate  or otherwise you can be denied a non-immigrant visa under condition 241(b).

You can re-apply for a non-immigrant visa if you are denied for this reason but you have to show further evidence of your strong ties and your compelling reason to return back to your home country of residence.

The Immigrant Visa

There is less to say about these types of visa as in practical terms these are permanent residency visas of some description. They fall under 3 categories being;
- Family Sponsored (direct relatives only)
- Employer Sponsored
- Special Category

You can read about all of these categories further and their defining characteristics at our How Do I Get A Green Card post and of course about the Green Card Lottery which is another way people can obtain permanent status in the United States.

Thus people in this section do not have to prove ties to their home country as their intention is to reside in the US. However you should note there are limited quotas with most of these visas as well as strict criteria to obtain one and long wait periods particularly in the family sponsored section for certain direct relatives.

Many people apply to transfer to an Immigrant Visa from a Non-Immigrant Visa like H-1B but depending on the country of residence this can also be a long wait as well.

I hope this helped clarify the difference between Immigrant and Non-Immigrant status in the US and this confusing part of the US Immigration system!

CJ

©2012 E3 Visa. All Rights Reserved.

That particular Immigration bill was defeated in the end for the provisions relating to illegal immigrants, amnesty and paths to citizenship than the H-1B quota in a growing economy of 2007. Now due to the exonomic conditions and the lies fed to the general public by the politicians and media alike, raising the H-1B quota is not a political reality in a general form.

So what is the latest H-1B news following the April 1, 2009 opening for petition filing for FY2010?

At this stage there has been no official word from the USCIS about reaching quotas for FY2010 for the H-1B visa so hopefully that is good news for all those that applied.  Given we are at the start of the week now, we should expect an announcement soon but hopefully it means that you will get your visa.

Of course if the numbers of applicants are down this year, it may signal a desire from the talented immigrant community and the increasing backward attitude towards them, that other countries or at home might be better destinations for their talents.

When you think that these people are facing a US with higher taxes, less job security, more anti=immigrant sentiment from media/politicians, longer and unclear path to permanent residency, some abuse in the workplace, etc. it is no wonder that a country like Canada is seeming like a better home with some of their recent policies.

All of this will ultimately effect the US economy and her people as we mentioned before, imagine a USA with Google, Intel or eBay which were all companies founded because of immigrants.

The Case Put Forward to Reduce the H-1B Availability

We firstly had the restrictions put on TARP companies for 2 years to hire foreign workers which meant companies like Bank of America had to rescind offers to highly educated US Masters Degree holding foreigners. Maybe some of the hard working and integrity of many foreigners who had to struggle and work hard to achieve everything in their life will help the US economy recover from all the US executives and policticionas who caused this economic mess.

Publications like Business Week are promoting the action by Senators Richard Durbin (D-Ill.) and Chuck Grassley (R-Iowa) to reintroduce a version of last year’s bipartisan reform bill in the next few weeks. If accepted as law, it would require employers to try to hire Americans first and to pay H-1B workers market wages. It would also bar employers from replacing American workers with H-1B holders. Perhaps most important, it would create a random-audit process to ensure compliance with the rules. It would also initially hold the H-1B quota steady with the effective outcome of reducing it by reducing the ability to get approvals.

On the face of it these recommendations seem somewhat fair except when you dig deeper. The legislation is being cleverly marketed as to help the rights of immigrants from exploitation. However given that being paid the prevailing wage of the area you are in is a minimum requirement of the H-1B visa and that there is far more exploitation of US workers and iliegal immigrants in the US by some of the biggest brands, this is of course a ruse.

Politicians only caring about their next elections chances and more votes couldn’t give a damn about immigrant’s rights and their selective highlighing of cases and devil in the details legislation would have the sum effect of virtually preventing companies from hiring foreign workers.

So in summary the main points of their legislation already exist in law via the current H-1B legislation as well as general workplace laws. They are just not being enforced by departments overseen by these same politicians who have little desire to do anything.

Is there any positive news for Immigrants?

There is one tiny show of positivity for Immigrants from a probably unlikely source. U.S. Rep. Jeff Flake (R-Ariz.), introduced what he calls the “Stopping Trained in America Ph.D.s From Leaving the Economy Act of 2009″. Essentially, the bill’s acronym, Staple, represents the stapling of science, technology, engineering and mathematics Ph.D. diplomas onto green cards, granting their holders permanent residency.

So effectively the most highly trained immigrants would have immediate access to Green Cards and permanent residency and not wait in some cases for up to 15 years if they are indeed lucky enough to be sponsored as such.

Good Luck Again for FY2010 for H-1B Visa and other US Visa Applicants!

CJ

©2012 E3 Visa. All Rights Reserved.

Finally we have given the Top US Employers List which although is the top 200 H-1B visa sponsors last year is just as relevant for E-3 visa holders. It is just as relevant if not moreso because essentially the work benefits of the E3 visa for the employee once in the US is the same as the H1B visa but also has the added benefit of being able to be applied for all year round with a start date immediately following visa approval.

However for many the process is still so overwhelming as they are stuck all the way in Australia and wonder how in the hell they could convince somebody in the US to want to hire them compared to a local candidate.

I am sure many of you to a couple of the biggest job sites in the US like Monster.com (which I do recommend) and CareerBuilder.com (which I don’t recommend mainly for the plethora of junk jobs on there, the fact that spammers seem to like finding details on that site and sending you crap although this has got a lot better but most of all their terrible interface) and find roles and are just applying but with no response.

One of the most common things I think for the aspiring E3 visa applicant is coming to a pre-questionnaire for a position whereby they have to answer a question like “Are you authorized to work in the US” or “Can you work in the US without sponsorship” and unsure what to answer.

The truth is in my opinion that for most companies that ask that question, unless you have an internal or external referral to someone in the company, generally means they won’t consider hiring the average foreigner. This is probably for no other reason than they assume you are an H-1B applicant and they don’t want to the cost, uncertainy and delays that are part of that process.

This is unfortunate but the fact the E-3 Visa is virtually unknown by all of corporate America not to mention the Immigration community

It is OK because in a previous post we told you how to explain the E-3 Visa to a potential employer as well as in our opinion where to put this information in your resume.

So to continue my point, if you just the average person, it may be time well spent by NOT doing too many of those types of applications whereby you are having to answer that question in the negative. Your application is probably going to an immediate discard pile maybe only looked at if there are no good application in the group of people who can answer that question positively.

Apart from LinkedIn, Monster and Craigslist, my other really great suggestion in the application phase is direct applications to a company via their own website which may just be sending in your resume to a careers email (possibly with a cover letter). This may or may not be to a posted position as often positions are not advertised anywhere or just in obscure places.

Aside from the fact that this type of applying to companies who could offer you a job and sponsor your E3 Visa is frutiful in terms of responses, it also is a lot quicker that going through long questionnarie applications meaning you can apply to more places in a short space of time!

So all you have to do and you can use the job sites to help you here or industry group sites for your chosen industry to find all the companies that may exist in your niche. In today’s day in age they will have websites and then you are set. If those sites have HR contacts that is great in terms of addressing cover letters and emails.

As said in other posts, I highly recommend applying to small companies as well as they can be surprisingly open to hiring a foreigner and you can learn all you need to know here at E3visa.info and guide them through the process

The final tip which I have also stated before is get a US phone number (you can do it via Skype) and be prepared to fly here for interviews as daunting as it sounds. Of course pick your city and try and schedule as many job interviews as you can in a short space of time.

As you all are no doubt aware Travelzoo, Expedia and Webjet can be helpful to get good flight and accommodation deals.

Good Luck in your E-3 Visa quest!!

CJ

©2012 E3 Visa. All Rights Reserved.

FYI other posts that may be relevant to your background information include;
(for those on or wanting to obtain an E-3 visa, many of these posts are exactly relevant to you as well)

- H1B Visa Costs
- Do I Need a Lawyer for the H-1B process
- H1B Visa Quota Predictions
- 10 Easy Steps to your H-1B Visa
- Top 100 Companies that Sponsor H-1B Visas
- Transfer to an H-1B Visa from another US Visa
- H-1B Visa Lottery System
- Extension, Renewal & Change of Employers on H-1B Visa

The funny thing is now that I look at this list I have already answered almost All the possible questions any could possible have about the H1B Visa

However I should devote at least a small post to what the visa itself is, how in simple terms you get on and all they myths surrounding the H1B.

The current quota is 65,000 for people who may be granted an H-1B visa or status. (The numerical limitation was temporarily raised to 195,000 in FY2001, FY2002 and FY2003.) In addition, excluded from the ceiling are all H-1B non-immigrants who work at (but not necessarily for) universities and non-profit research facilities. This means that contractors working at, but not directly employed by the institution may be exempt from the cap.

The difference between H-1B visa and H-1B status is that Status is granted usually as a transfer while you are within the US, where as a Visa is granted by a US Consulate or Embassy outside the country. If you are on H-1B status, if you leave the US for travel, you will have to apply for your visa at a consulate abroad. The H-1B visa allows you to travel in and out of the US.

Free Trade Agreements allow a carve out from the numerical limit of 1,400 for Chilean nationals and 5,400 for Singapore nationals. Laws also exempt up to 20,000 foreign nationals holding a master’s or higher degree from U.S. universities from the cap on H-1B visas.

Renewing a visa does not count towards the annual quotas. A change of employers only count when transferring from an employer exempt from the limits (academia or research) to one that has no exemption.

The maximum duration of the visa is three years, and is extendable to six years. An exception to maximum length of stay applies in certain circumstances:

1. 1 year extensions if a labor certification application has been filed and is pending for at least 365 days
2. 3 year extensions if an I-140 has been approved. (application to switch to permanent residency

What Does The H-1B Visa Look Like?

©2012 E3 Visa. All Rights Reserved.