Tag Archives: h1b visa

H-1B Visa 2013 Summary

Visa Info, , , , , , , ,

While technically we haven’t reached the end of the H-1B visa season for FY-2014 it is essentially over as this year in the first week of April 2013, the USCIS announced it had received 124,000 H-1B applications and that it would no longer accept anymore.

The H-1B visa lottery was instituted for the first time since 2008 to allocate the visa given the 65,000 regular cap and 20,000 advanced degree exemption extra quota. Premium processing began on April 15 for those applications that paid the extra $1,225 filing fee to have their applications processed within 2 weeks from commencement. Those that missed out during the lottery had their applications and fees returned and over the last few weeks those that were selected in the lottery were notified, although their actual petitions still need to be processed meaning there is still a small chance of rejection.

Below is a summary of this year compared to past year’s H-1B visa seasons. As you can see since the bad economic years of FY-2011  (during 2010) and FY-2010 (during 2009), the caps have been filling ever more quickly from January the following year to November, then June for last year’s season and now back to right away in April as we had in 2008 with oversubscription. Let’s hope things improve via US Immigration reform because no doubt the same thing will happen next year.

Cap Type FY2014 Cap Amount Date of Last Count
H-1B Regular Cap 65,000 4/5/2013
H-1B Master’s Exemption 20,000 4/5/2013
Cap Type FY2013 Cap Amount Date of Last Count
H-1B Regular Cap 65,000 6/11/2012
H-1B Master’s Exemption 20,000 6/7/2012
Cap Type FY2012 Cap Amount Date of Last Count
H-1B Regular Cap 65,000 11/22/2011
H-1B Master’s Exemption 20,000 10/21/2011
Cap Type FY2011 Cap Amount Date of Last Count
H-1B Regular Cap 65,000 1/26/2011
H-1B Master’s Exemption 20,000 12/31/2010
Cap Type FY2010 Cap Amount Date of Last Count
H-1B Regular Cap 65,000 12/21/2009
H-1B Master’s Exemption 20,000 12/21/2009
Cap Type FY2009 Cap Amount Date of Last Count
H-1B Regular Cap 65,000 4/7/2008
H-1B Master’s Exemption 20,000 4/7/2008
Cap Type FY2008 Cap Amount Date of Last Count
H-1B Regular Cap 65,000 4/3/2007
H-1B Master’s Exemption 20,000 4/4/2007

Hopefully all of you that applied got lucky and possibly for H-1B Visa season in 2014 (FY-2015), new US Immigration reform which proposes increasing the cap to 124,000 for H-1B annually initially with further increases in subsequent years based on demand. Additionally the Green Card petitions that are currently in the system and new ones for particularly STEM graduates from US Universities may also increase along with the potential of the Startup visa.

Cj

H-1B Visa Timeline of Events

Visa Info, , , , , , ,

A lot of people get confused at the arbitrary nature of the visa process and how long it actually takes. Whether you are a foreigner who has come to the US on Visa Waiver Program with an ESTA, the B-1 Visa or currently in the US in another capacity on the F-1 Visa for students, OPT status, J-1 Visa for interns or some other US visa, so many would like to work in the US and the best route for that in most cases is the H-1B visa.

So we will talk strictly about the general timeline of events and what you can expect to help you plan your time.

1. Searching for a Job (unknown but in most cases allowing yourself 3 months would be seen as prudent)

2. Job Offer & Negotiation (you might agree to be hired but to negotiate on salary + bonus, equity if any, severance and any other terms you might see as important  might take 1 week to finalize)

3. Filing ETA-9035(e) with Department of Labor (Once the document is filed electronically it takes about 7-10 days to get approval however any requests for more information can delay that and if your company is a first timer at doing it and/or slow moving legal counsel is involved this process from beginning to end can take around 3-4 weeks)

4 Filing I-129 with USCIS (This is actually the real Immigration step of filing for your approval whether you are inside or outside the US at the time. If you are doing this with normal processing periods and assuming you have no additional requests for information the approval and resulting I-797 will come in 2-3 months. If you have premium processing this will take about 2-3 weeks but that costs an extra $1,000. The preparing of this package and getting all the checks signed to file can take some time if done by lawyers and employers and that might add an additional 1-3 weeks before the package is even sent)

5. Applying for H-1B visa at a US Consulate (Depending on which consulate you apply at it can take be immediate up to 2 months to schedule an interview date so important to plan ahead and be aware of where you are applying and the appropriate wait times. After applying assuming you don’t go through Administrative Processing, you will usually receive your passport with visa stamp 2-3 days after your interview)

6. Commencing Work (If you are on a new H-1B visa the period to start work is from October 1 onwards. Unless you have a prior work status that allows you to work up until that date, you will have to wait to work)

Cj