Tag Archives: h-1b

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

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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.

H1B Visa Season – April 1, 2012: All the Fees & Application Tips for FY2013

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Over the last 3 years we have done Fee Updates, Information and H1B Quota Predictions for H1B Visa Season FY2012 H1B Visa Season FY2011 & H1B Season Visa FY2010.
So now we are in mid Feb and April 1, 2012 is soon to be upon us and all you potential H1B foreign applicants should be readying you applications because of how quickly the remaining H1B visa quota was filled at the end of last year as well as the US overall unemployment rate improving and heading below 8%,

As with last year we are also documenting the H1B visa costs so you can have all the information in one post. Now while it is unlikely the H1B visa lottery for both the Advanced Degree Exemption quota of 20,000 and the main H1B visa quota of 65,000 will be necessary, as mentioned there was been a rush to towards the end of the FY2012 H1B season and with the unemployment rate down to 8%, and job numbers for skilled workers improving, there is a possibility that this season will be more like 2007 & 2008.

On April 1, 2012 will be the first day the United States Custom & Immigration Service (USCIS )will accept new H1B visa petitions for the FY2013 H1B Visa season. Prior to that you can and should file your ETA-9035(e) for to the Department of Labor to get the your Labor Certification Approval (LCA) because that needs to be sent with the application. And regardless of the fact that we have been inaccurate for the last 3 years as to how quickly the H1B visa quota has been filled, an early and proper application is always the best recipe for success and less heartache. (official USCIS H1B site)

Ensure you also read H1B visa Season Tips and have all your H1B supporting documents ready to file immediately to file via your employer or attorney on April 1, 2012 for the FY2013 season.

Even though we are now in an election year, President Obama did call for some action to be taken even in a small way on the immigration front in his State of the Union address. Personally I think that is unlikely but it is certainly important to pay attention what the candidates are saying in relation to the Immigration policy and how they feel about legislation submitted to the US congress to limit the scope of the H1B visa and and things like the Start-Up visa.

H1B Visa Fees 2012

To Apply for the Visa; (all USD)
1. USCIS Filing Fee with USCIS $325 – Form I-129 (Spouse optional H4 Fee is $300)
2. Fraud Detection Fee with USCIS $500
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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)
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4. Premium Filing Fee $1,225 (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
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5. Public Law 111-230 $2,000 – (dependent) to be submitted by a petitioner which employs 50 or more employees in the United States where more than 50 percent of its employees in the United States are in H-1B or L-1 nonimmigrant status.
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6. 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

ADDITIONAL FEES FOR VISA STAMPING IN FOREIGN COUNTRY
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7. Consular Application Fee $131 (x2 for spouse)
8. Visa Issuance Fee $100 (x2 for spouse) (but varies by country so check the Visa Reciprocity Section of the USCIS

(NB: If able to transfer to H1B visa status within US without needing to leave the country if you are in a current non-immigrant visa status expires after October 1, then you can file form I-539 with the USCIS along with I-129. If filing these forms together there is no additional fee)

Total If Visa Issued Outside US: $1,706 to $3,456 (plus $1,225 Premium Filing Fee if Opted)

Total If Visa Status Change within US (if eligible): $1,476 to $3,226 (plus $1,225 Premium Filing Fee if Opted)

NB: If you change your status to H1B within the US and then later travel outside the US for whatever reason, then to re-enter the US you will need to get an H1B visa stamp in your passport anyway so have to attend as US Consulate or Embassy interview in a foreign country.

It is important to realize that none of the above costs include any legal costs at all so if you are deciding whether you need a layer for your H1B visa process if you are paying for one yourself, that you realize what the actual H1B visa application costs are as listed above and thus what your lawyer is charging you for their time. You should note it is NOT mandatory at all to have an attorney

Technically all the H1B visa costs including legal costs are meant to be paid by your employer and most good employers will do all this for you but a few try to pass this cost in various devious ways back to the employee.

If you are paying for a lawyer itself it can be good to get a fixed legal quote for the entire H1B visa process and to shop around but also know that you often get what you pay for and additional work will no doubt cost extra.

Finally is you are trying to decide whether any of the many H1B visa help sites like H1Base or H1visajobs are worth the fees they charge to help in your search then definitely read our reviews and others before making up your mind.

All the Best,
CJ