Tag Archives: h1b season

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

H1B Visa FY2011 Quota Predictions & Costs

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You may remember last year we did an H1B Visa FY2010 quota prediction at around the same time of the year. Given how popular that post was through 2009, especially with the long H1B visa season we have decided again to do it this year.

Now you may remember some of the predictions we made last year turned out not to come true mainly due to the economic conditions of the time. However anyone following the advice of that post and getting their application in on time on April 1, which is the first day the USCIS will accept new H1B visa petitions, meant earlier approval for your H1b visa application which is always a good thing.

This year we thought we would do even more for you and try to be helpful by including the H1B visa costs in this post as well as some of the tips and savings to look out for in your US job search and subsequent H1B visa application

However one thing we do know is that following the end of the FY2010 H1B visa season there was a real rush of H1B visa applications as the US economy stabilized during the latter half of 2009. In fact there was so many H1B visa applications reight towards the end the USCIS had to put out an edict for a lottery type system they would use for rejecting H1B visa petitions so as not go beyond the 65,000 quota mandate.

Therefore the expectation for FY2011 H1B visa season beginning on April 1, 2010 is that is should be a lot more competitive and we may even go back to circumstances of previous year. This includes closing acceptance of new H1B visa applications soon after the April 1 commencement and other procedures like the H1B visa lottery for both the Advanced Degree Exemption quota of 20,000 and the main H1B visa quota of 65,000.

We did some H1B visa Season Tips for you already which should really give you the best chance of getting your application approved. Now while we do expect it to be more competitive in 2010, we don’t expect it to be like the crazy years of 2006-8 but we still implore everyone to find their H1B employer sponsors now, get your approved Labor Condition Application (LCA) from the Department of Labor and have all your H1B supporting documents ready to file immediately to file via your employer or attorney on April 1, 2010, This is the best thing to avoid disappointment.

It is our expectation that by the end of May 2010 at the latest all H1B visas will be allotted for this current season.

Also do not necessarily think, like the optimistic view in 2007, that the H1B visa quota will increase in coming years. There is already legislation submitted to the US congress to limit the scope of the H1B visa and even the quota further.

H1B Visa Costs

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 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 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: $1,871 to $2,621 (plus $1,000 Premium Filing Fee if Opted)

Total If Visa Status Change within US (if eligible): $1,640 to $2,390 (plus $1,000 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.

Good Luck,

CJ