Tag Archives: h1b application

H-1B Visa Quota April 2012 Update

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The FY2013 H1B visa season commencing on April 1, 2012 has just poset the first H1B visa quota numbers for the season and it looks like the H1B visa demand is roaring back. It is the highest total at this point since 2009 and more reminiscent of 2007-8 where demand was exhausted in the first few days and you had things like the H1B Visa Lottery which meant heartache for so many foreigners who applied correctly right at the beginning of the season

While last season FY2012, the H1B visa quota was exhausted on November 22, 2011, the H1B visa quota if continues at the current rate will be lucky to be still running during May. With the US unemployment rate down to 8.2%, and tech companies booming with many recent and forthcoming IPOs with Facebook, Yelp, Zinga, LinkedIn, Pandora, etc., the need for skilled workers particularly in engineering is hot.

As at April 27, 2012, getting close to a half of the main H-1B Visa Quota has been filled, up 17% to 29,200 from 25,000 on April 20. This is a slight slowing of the 21% increase in H-1B quota the prior week. Now over half of the Advanced Degree exemption for foreigners with a US Master’s Degree has also been filled also up 11% to 12,300 from 10,900 on April 20.

Cap Type Cap Amount Cap Eligible Petitions Date of Last Count
H-1B Regular Cap 65,000 29,200 4/27/2012
H-1B Master’s Exemption 20,000 12,300 4/27/2012

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. These are still being accepted for FY2012. Also please note the Official USCIS FY2013 H-1B portal.

Congrats to all those who managed to find an employer sponsor thus far and have got their application in early this year and good luck to those on F1 Visa OPT this year in your quest to get an H-1B visa. It is already a more competitive year this year than recent times so would be good to accelerate your search now and apply, apply, apply!

Cj

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.