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H-1B Visa Tips For FY2011 Application Filing on April 1, 2010

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Now that the Fiscal Year 2010 H-1B cap subject visa quota has been filled (as of December 21, 2009), it is time to focus on H-1B cap-subject visa filings for Fiscal Year 2011, which will start being accepted by USCIS on April 1, 2010. If you are thinking of filing an H-1b visa application on April 1, 2010, now is the time to get started with the process. Please see below for some common tips in preparing to file an H-1b visa application.

Tip #1 – You must have a job offer: If you do not already have a job offer for a position that meets the H-1b visa requirements, you must find one before filing your application. You cannot submit an H-1b visa application without the sponsorship of an employer who wants to employ you in an H-1b caliber position. There is no way around this rule.

Tip #2 – Make sure your job offer meets the H-1b specialty occupation requirements: The position you are seeking to fill must require at a minimum either a bachelor’s degree in a specific field or the equivalent.

Tip #3 – You must have the right background: You must meet the minimum requirements for the H-1b position being offered to you. This means you must have the right bachelor’s degree or the equivalent through work experience or a combination of work experience and education. Likewise, if the position requires a certain credential or licensing, you must have this as well.

Tip #4 – Find an immigration lawyer well-versed in the H-1b visa process to work with: This is one of the most important tips! Filing an H-1b visa is highly complicated and nuanced. The slightest error or oversight can result in a rejection or denial. Furthermore, with increased scrutiny being applied by USCIS, the application process has become even technical.

Tip #5 – Work Closely with your immigration lawyer: It is important to understand that your immigration lawyer is your advocate and that he/she has the same desired goal as you, which is the approval of your application. With that said, it is important for you to provide your immigration lawyer with all requested information and details concerning all aspects of your application.

Tip #6 – Understand that your start date cannot be any earlier than October 1, 2010: If you’re applying for a cap-subject H-1b visa on April 1, 2010, you cannot request a start date earlier than October 1, 2010. This means that you must figure out what you’re going to do until that time. If you will remain in the U.S. it is imperative that you maintain lawful nonimmigrant status.

Tip #7 – Understand that you may not apply for a cap-subject H-1b visa until April 1, 2010: The 85,000 H-1b visa quota (65,000 regular cap and 20,000 master’s cap) for Fiscal Year 2011 does not start until April 1, 2010.

Tip #8 – Understand that there are a limited number of H-1b cap-subject visas available: Every year there are only 65,000 regular cap and 20,000 master’s cap H-1b visas available. Last year the cap remained open for the regular cap from April 1, 2009, to December 21, 2009 (about 7.5 months). In the years’ prior to last year, the quota remained open for a day or two with lotteries being conducted right away because of the large number applications received. It is anyone’s guess as to what the situation will be like on April 1, 2010; however, the demand is expected to be higher than what it was on April 1, 2009. As such, you should plan on being prepared to file your H-1b visa application by April 1, 2010.


Guest Author

Douglas Lightman

How Much Does It Cost To Get Your E3 or H1B Visa?

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Whether people ask or not, it is probably the question at the back of everyone’s mind, being how much money am I going to have to dole out for the right to work in the so-called “land of opportunity” of the US.

So what is the answer……well as with most questions about money with a legal twist, the answer is it depends and can be excessive but I will try and remove all the BS and summarize it all

For the H1B candidate (as it stands today)

The costs are generally borne by the sponsor employer but often the employer asks the prospective candidate to share these costs or bare it entirely which can be a big initial hit to your bank balance. Particularly when you consider the initial filing fee is non refundable if your petition fails as is the premium processing costs and of course lawyer fees. Then your consular application costs are of course non refunable if you fail as well.

Quite simple it is a rort with the only real beneficiaries being the lawyers as they are only the part of this whole chain who benefit regardless of the outcome with no ongoing costs or burdens in any way. So it is no small wonder why their lobby groups have been so strong in Washington DC for a long time. Immigration to them is big business with comparitively little work as most cases are straightforward, little time expended work that an actual qualified lawyer probably doesn’t do much with at all and his handled by hid/her assistants and para-legal associates.

To Apply for the Visa; (all USD)
1. USCIS Filing Fee with USCIS $390 – 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 $1,000 (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. 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
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6. Consular Application Fee $131 (x2 for spouse)
7. Visa Issuance Fee $100 (x2 for spouse) (but varies by country so check http://www.travel.state.gov/visa/reciprocity/index.htm

TOTAL (if you do it the most effective way with premium processing) $3,621 +$531 for spouse

Now in all of these costs I did not include any attorney costs. So if you are a couple the bill is already over $4,000 before legal fees hit. Now truth be told you don’t need a lawyer but with H1B cases, good companies always use lawyers and if you are a foreign citizen who has to do this, unless you know the US System back to front, a lawyer is probably a good idea.
Costs here probably vary from $1,000 to $3,000 for a standard case but have heard of a lot more.

Like I said if you have good employer they will probably pay all costs including legal costs except maybe for the consular application and issuance fees. However do realize what you are getting yourself into should you choose to go down this road as of course you will have travel, accomodation, lease deposit and other expenses as well. Remember your spouse can’t work either on the H4 visa.

The Immigrant Life is Tough!!

For the E3 candidate (as it stands today)

Life is a little easier as the USCIS and AWCIA fees are eliminated and premium filing is not an option nor is it necessary when you make initial applications because of the difference in process. So you might have read in previous posts how hard things are with E3, well like I also said Aussies do have it easier than most!!

1. LCA Filing Fee with Department of Labor FREE (a small win here…although am sure will change one day)
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2. Consular Application Fee $131 (x2 for spouse)
3. Visa Issuance Fee $100 (x2 for spouse) (but varies by country so check http://www.travel.state.gov/visa/reciprocity/index.htm
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4. Spouse Optional Filing Fee To Work i765 $340

TOTAL $231 +$231 for spouse +$340 spouse work

Now while many employers still use lawyers for the E3 visa process, I always wonder why, as it is designed to be an extra simple process compared to H1B, unless there is something really unusual in your case (i.e. criminal conviction or something).

There are advantages to the H1B with the easier relative path to green card but in this capacity (costs), E3 is clearly superior!!

Happy Saving 🙂

CJ