Category Archives: Visa Info

Information about all types of US Visas and the best ways to obtain one

E3 Visa For Irish Citizens

Visa Info, , , , , ,

At end of last year we wrote about the Fairness for High-Skilled Immigrants Act 2011 which among other things will reduce wait times dramatically for Chinese and Indian nationals who are on long Green Card waiting lists with EB-2 and EB-3 Visa Categories.

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

H-1B Visa Checklist & Fees for April 2, 2012 (FY2013)

Visa Info, , , , , , , ,

The USCIS have released a handy checklist for those doing their H-1B filings for their I-129 form that helps you organize all the relevant fees and documents for your case.

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.

 H-1B Cap-Exempt or Non-Cap H-1B Extension of Stay
1.  If the petition is cap exempt or otherwise not cap-subject, check the box for 1d on Part C of Page 18 and complete Question 3, Part C on Pages 18 and 19.
2.  Includes current H-1B visa holders that were previously counted towards the cap.
3.  Includes amended petitions where the petitioner is seeking to notify USCIS of changes to employment conditions of a current H-1B beneficiary.

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.