H1B Visa Quota Update – November 2011 – Less Than 5,000 Visas Left

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The FY2012 H1B visa season commencing on April 1, 2011 has accelerated the H1B visa quota numbers throughout the post Summer period from September and is now getting close to being filled. At one stage it didn’t even look like we would get there before the end of the 2011 calendar year.

As October 1st is the start of the new year otherwise known as FY2012. That means if you have already been approved for an H1B visa since April 1, 2011, your new visa has already taken effect and you can legally begin working for your sponsor employer now. It also means that if you are sponsored now, given how long the application process takes even with premium processing, you will be able to start working immediately which is a great selling point for foreigners to a prospective employer and sponsor as opposed to earlier in the year.

So as of November 18, 2011, which is the most recent H1B quota update the USCIS has announced. There are currently 61,800 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.

This equates to about another 5,500 increase in the main cap since the last USCIS update on November 14 which is a light slowing of the H1B visa approval acceleration of September to mid October. The Advanced Degree Exemption category which is now fully exhausted for this H1B visa season cycle as at October 21 for the 20,000 visas.

In the last weeks the main cap has gone up by over 10,000 and the Advanced exemption quota is almost complete so if you are a foreigner looking work in the US and be sponsored by a employer, don’t delay because for whatever reason there is certainly an acceleration happening in recent times.

Remember if you have a US graduate degree and eligible for the Advance Degree additional cap, that now that cap is exhausted your application just falls under the main H1B quota.

Cap Type Cap Amount Cap Eligible Petitions Date of Last Count
H-1B Regular Cap 65,000 61,800 11/18/2011
H-1B Master’s Exemption 20,000 20,000 10/21/2011 (completed)

(It should be noted that the related H-1B1 visa for Chilean and Singaporean citizens are not included in this cap which is about 6,800 set aside each year but is rarely filled and unused from the previous year are used in the current year)

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,

Good Luck to All Who Are Searching!

Cj

E3 Visa Official US Embassy FAQs

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As has recently been pointed out to us by a reader, if you go to the official Australian US Embassy E3 visa FAQ now, they have updated some more relevant questions that people continually have. Now these answers have tended to change a bit over time but as at writing should constitute the most current interpretation and guidelines for the E3 visa and E3 visa applications.

You can see even within the questions below they contradict themselves as to where you can apply for an E3 Visa and do your US Consulate Interview. So no wonder people get confused but just follow as best as you can the advice here and the experiences and guidelines we share and most often you should be OK!

Do I have to find a job in the United States first before applying for an E-3 visa?

  • Yes. You need to have a job offer from a sponsoring employer in the United States before you can apply for the E-3 visa.

Can I go to the United States to find a job and then apply for the E-3 visa from there?

  • In advance of applying for an E3 visa you may travel to the United States to search for a job or attend an interview. However, you cannot apply for the actual visa from within the United States. All visa applicants must appear at a U.S. Consulate or Embassy abroad to apply, and first time E3 visa applicants will need to apply in Australia.

Can I travel to the United States on the Visa Waiver Program to find a job or attend interviews and then apply for the E-3 visa once I return to Australia?

  • Yes, you can travel on the Visa Waiver Program (VWP) if you meet the requirements (please see our page on the Visa Waiver Program). If you do not meet the VWP requirements, you may be eligible to travel on the B-1/B-2 Combined Visa for Business or Pleasure.You must leave the United States before applying for your E-3 visa.

Can I apply for an E-3 visa from outside Australia?

  • You have the right to apply at any U.S. Embassy or Consulate which processes nonimmigrant visas, but you cannot apply from within the U.S.A list of U.S. Embassies and Consulates worldwide can be found on usembassy.state.gov. A guide to interview wait times and visa processing times worldwide can be found on travel.state.gov. However, please contact the U.S. Consulate or Embassy where you plan to apply to check that they accept applications from non-residents, and for details of how to book an interview and current processing times, as these will vary from post to post. Some posts outside of Australia are not familiar with the E3 visa and may be unfamiliar with adjudication of such visas. They are also unfamiliar with Australian education institutions, and so proving eligibility will be difficult.

Does my employer need to file an I-129 petition with U.S. Citizenship and Immigration Services (USCIS)?

  • No, the employer in the United States is not required to submit a petition to USCIS as a prerequisite for the E3 visa. However, the employer must obtain a Labor Condition Application (LCA), from the department of labor by filing form ETA Form 9035. There is no fee to submit the ETA9035.

How do I apply for an E-3 visa?

  • You may make your appointment for an interview as soon as you have all the documents prepared. You do not need to send your documents in advance, just take them to the interview. There is no specific application form, applicants for all nonimmigrant visas must complete the same standard application form known as the DS-160.If applying in Australia please see our website for further details, and for links to the online visa appointment website Visapoint, and to the DS-160 application form, see our page on how to apply.If applying outside Australia, please find a list of U.S. Consulates and Embassies overseas. A guide to wait times for interviews and visa processing times at all posts worldwide.

How long does it take to apply?

  • The wait times for interview at each Consulate vary, you can check the latest timeframe for interviews in Australia on the Visapoint website whilst making an appointment.In Australia, if an E-3 visa is approved at interview, it is normally issued within 2-3 business days. Visas and passports are returned by mail, so please also allow time for this. Applicants should bring a self-addressed 500g Express Post Platinum envelope to the interview.Please see our website for further details on how to apply in Australia.If applying outside Australia, please see the FAQ above for a link to interview wait times and processing times worldwide. For the LCA processing time, please contact the Department of Labor: www.dol.gov

What requirements and documentary evidence are needed for the application?

  • In addition to the Electronic Visa Application Form DS-160, completed online (http://ceac.state.gov/genniv/) you may need to provide the following documentary evidence with your application for an E-3 Visa:1. An approved Labor Condition Application (LCA), which the U.S. employer obtains from the Department of Labor. You are advised not to book an interview appointment until you have received this form.2. Evidence of academic or other qualifying credentials as required under Immigration and Nationality Act (INA) 214(i)(1), and a job offer letter from the employer.

    3. If your degree and higher-level qualifications are from an Australian institution, you do not usually need to provide certified copies or evidence of their U.S. equivalent, but please bring to your visa interview a copy of any certificates, and if possible, transcripts for the course of study. If your qualification(s) are not from an Australian institution, a certified copy of the foreign degree and evidence that it is equivalent to the required U.S. degree could be used to satisfy the “qualifying credentials” requirement, but you may prefer to wait until your visa interview to confirm whether this is necessary. You should take a copy of any certificates and transcripts to your visa interview, and if it is also necessary to produce certified copies of certificates and evidence of U.S. equivalence, you can send these to the Consulate after the interview, although your visa will not be approved until this is received. Likewise, a certified copy of a U.S. baccalaureate or higher degree, as required by the specialty occupation, would meet the minimum evidentiary standard.

    4. In the absence of an academic or other qualifying credential(s), evidence of education and experience that is equivalent to the required U.S. degree.

    5. A certified copy of any required license or other official permission to practice the occupation in the state of intended employment if so required or, where licensure is not necessary to commence immediately the intended specialty occupation employment upon admission, evidence that the alien will be obtaining the required license within a reasonable time after admission

Good Luck,
CJ