Category Archives: Visa Info

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

H-1B Visa 2013 Summary

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While technically we haven’t reached the end of the H-1B visa season for FY-2014 it is essentially over as this year in the first week of April 2013, the USCIS announced it had received 124,000 H-1B applications and that it would no longer accept anymore.

The H-1B visa lottery was instituted for the first time since 2008 to allocate the visa given the 65,000 regular cap and 20,000 advanced degree exemption extra quota. Premium processing began on April 15 for those applications that paid the extra $1,225 filing fee to have their applications processed within 2 weeks from commencement. Those that missed out during the lottery had their applications and fees returned and over the last few weeks those that were selected in the lottery were notified, although their actual petitions still need to be processed meaning there is still a small chance of rejection.

Below is a summary of this year compared to past year’s H-1B visa seasons. As you can see since the bad economic years of FY-2011  (during 2010) and FY-2010 (during 2009), the caps have been filling ever more quickly from January the following year to November, then June for last year’s season and now back to right away in April as we had in 2008 with oversubscription. Let’s hope things improve via US Immigration reform because no doubt the same thing will happen next year.

Cap Type FY2014 Cap Amount Date of Last Count
H-1B Regular Cap 65,000 4/5/2013
H-1B Master’s Exemption 20,000 4/5/2013
Cap Type FY2013 Cap Amount Date of Last Count
H-1B Regular Cap 65,000 6/11/2012
H-1B Master’s Exemption 20,000 6/7/2012
Cap Type FY2012 Cap Amount Date of Last Count
H-1B Regular Cap 65,000 11/22/2011
H-1B Master’s Exemption 20,000 10/21/2011
Cap Type FY2011 Cap Amount Date of Last Count
H-1B Regular Cap 65,000 1/26/2011
H-1B Master’s Exemption 20,000 12/31/2010
Cap Type FY2010 Cap Amount Date of Last Count
H-1B Regular Cap 65,000 12/21/2009
H-1B Master’s Exemption 20,000 12/21/2009
Cap Type FY2009 Cap Amount Date of Last Count
H-1B Regular Cap 65,000 4/7/2008
H-1B Master’s Exemption 20,000 4/7/2008
Cap Type FY2008 Cap Amount Date of Last Count
H-1B Regular Cap 65,000 4/3/2007
H-1B Master’s Exemption 20,000 4/4/2007

Hopefully all of you that applied got lucky and possibly for H-1B Visa season in 2014 (FY-2015), new US Immigration reform which proposes increasing the cap to 124,000 for H-1B annually initially with further increases in subsequent years based on demand. Additionally the Green Card petitions that are currently in the system and new ones for particularly STEM graduates from US Universities may also increase along with the potential of the Startup visa.

Cj

M-1 Visa for Students in Vocational & Technical Training in US

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The M-1 visa is almost like a little brother to the main F-1 Student visa that allows a foreign student to study in the US in a technical or vocational capacity like with foreign language, hospitality, flight training, trades, etc. This is different to the F-1 visa which is mostly used for University education and even the J-1 visa which is used for Internships and High School Exchange programs.

The M-1 Visa has a lot of restrictions in that you can’t transfer to either the F-1 visa or the H-1B for workers within the US and while it has an Occupational Practical Training (OPT) program, it is far more restrictive than the one for F-1 visa students. The M-1 visa is for a maximum of one year although it can be renewed and they have a 30 day grace period for leaving following any approved OPT period.

The OPT period for M-1 Visa holders allows them to work/train for 1 month for every four months of study completed up to a maximum of 6 months with an employer. No other work can be done on or off campus while under M-1 visa status. To be eligible for the M-1 visa they need a signed I-20 form by usually the International Student Officer at the educational institution which they would present at the US Consulate during their interview. This means that during the US Consulate interview, proof of the student’s assets and ability to support themselves must be shown as part of the visa approval process.

To file for OPT within the US, the following is needed as well as the appropriate fees;

  • Cover letter explaining the student’s situation
  • Form I-765
  • $380 filing fee made out to Department of Homeland Security
  • Copy of visa and passport photo page
  • 2 passport photos
  • Copy of original I-20 and original financial documents
  • Current bank statement
  • Form I-539 (to do change of status)
  • Signed I-20 with OPT request (copies not permitted)
  • $290 filing fee made out to Department of Homeland Security
  • Copy of I-94 card, front and back

The M-1 visa often faces extra scrutiny as it has a known history of their students overstaying in the US, used by foreigners from countries that the US view as high risk and because of the flight training aspect is viewed as a security risk. However it is a good visa for a lot of people to experience life in the US temporarily without the onerous restrictive criteria.

Cj