Tag Archives: h1b application

H1B Visa Lawyers & Support Sites

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One thing we would like to add to our H1B Visa News post relates to the need for legal representation and lawyers for your H1B visa process since it is a common question we get all the time. Technically US Immigration law requires your company to pay for all legal costs if they choose to use that option as well as all H1B visa application costs.

Now we know many of you choose for your own peace of mind or due to the nature of your company that you end up paying for the lawyer yourself for the process. Please note that using a lawyer does NOT guarantee or all things being equal enhance your chances of getting an H1B visa. In truth the reason why immigration lawyers are so highly regarded is because most legitimate companies who employ foreign nationals to the US, especially the top H1B employers like Microsoft, Google, etc. will always use lawyers. Because companies like these always follow the law to the letter and hire talented and highly qualified individuals to legitimate positions, they tend to have their applications approved almost always. Thus the immigration lawyers have a high success rate with H1B visa petitions.

However with individuals where the company refuses to not only pay legal costs but also often requires the applicants to directly pay or at the least reimburse the sponsor employer company partially or wholly the H1B application costs, I’ll bet their success rate is far lower given the above and that the candidates also may not be as highly credentialed and/or the employer and position to quite as specialized (and in some cases even legitimate to the H1B visa regulations).

However I would also be willing to bet in a large proportion of cases their profit margins are higher and their due diligence is not at the level say for an Immigration attorney retained by Microsoft for their foreign nationals. This is because they would be dealing directly with foreigners with less knowledge of US Immigration law or the legal process in general and often very desperate in their state of mind looking for any type of reassurance.

So in summary my caution to all of you H1B visa hopefuls this year not to be tricked or overcharged by Immigration lawyers and to talk to many people and try to get referrals from people you trust if you are engaging a lawyer. Also be fully aware of the actual official H1B visa application costs above so you know exactly what your lawyer is supposedly charging you and request itemization of your bills so you know what they are you charging you for.

Also additionally be aware of the H1B visa support sites that supposedly help you find jobs, employers, arrange US Job Interviews, help you with your US style resume, etc. Most of this information is freely available online and also on this from the links just here as well as many other official sites like Monster to help you with your resume of USCIS Government official sites for the list of past US Visa Employers.

There are also many non-profit and Immigrant support groups that you can look up that if nothing else are great sources of support and reassurance during this uncertain time. Also check out websites like foreignborn.com as well as our own visa and immigration resources section.

Good Luck,

CJ

H1B Visa Statistics

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We thought coming up to another H1B visa season we would give you some perspective on the H1B visa itself. So we will cover some of the more recent and historical statistics about this visa category to both give you an idea as to where to focus on this year and also how well prepared you need to be with your H1B Application filing.

H1B Immigration Year H1B Visa Cap Reached
FY2004 October 1, 2003
FY2005 October 1, 2004
FY2006 August 10, 2005
FY2007 May 26, 2006
FY2008 April 3, 2007
FY2009 April 7, 2008
FY2010 December 21, 2009

Credit (http://redbus2us.com)

So you can see the really crazy period was between 2006-2008 prior to the Global Economic crisis where the 65,000 cap was reached soon after the April 1 H1B visa filing opening. In 2004, the H1B visa quota was set back to 65,000 with the 20,000 extra cap for the US Advanced Degree holders exemption.
Prior to 2004 for 2 years, the H1B visa cap was 195,000 under the American 21st Century Competitiveness Act and then before that for 3 years it was 115,000 under the American Competitiveness Workforce Improvement Act.

Interestingly from 2001-2003, the H1B visa cap was never reached in the immigration year and in 1999 the USCIS issued more H1B visa than they had available. This was found after an audit by KPMG following the H1B visa season.

Now as we well known the past H1B visa season Fy2010 that recently concluded in December, 2009 was a extra long season due to the global economic crisis causing both US workers and foreigners to be laid off. In fact when you look at the top H1B visa employers of this past season, there was a marked change from previous years where some of the usual heavyweights like Tata and Infosys didn’t feature and companies like Microsoft were far less active in hiring foreigners.

To give you an idea of what the past H1B visa season was like we will look at some of the statistics released by the USCIS. Approximately 43% of all H1B petitions were for computer specialties. Most of these tended to be system analyst types as they as a subset were close to 38% of approved petitions.

A full third of the approved H1B visa applications were in the areas of education, engineering, architecture and executive areas Occupations in architecture, engineering, surveying, education, and executive specializations constituted another 33% of the total H-1B petitions approved. Drilling down further, electronic and electrical engineers represented about 4% where as Auditors and Accountants were closer to 5%.

Finally approximately 45% of people who were approved this past H1B visa season’s highest level of education was a Bachelor’s degree. This is showing the growing trend towards to advanced degree qualifications in the US being the norm and being the better ticket for a foreigner to finding work successfully in the US.

CJ