Tag Archives: h1b

Are There Jobs Available For Foreigners In The US Right Now?

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The answer to the question is almost one of those ones where the Short Answer is NO but the Long Answer is YES!

Millions of people are being laid off in the US at the moment across all industries, in companies large and small and in all part of the country. So this of course includes foreign workers just as much as US workers. The small difference being legally under the E3 or H1B visa you can’t be out of work for more than 10 days or technically your status is invalid. Also despite the fact you are paying Social Security taxes, you are not eligible for any benefits like for unemployment.

What does mean for a new person who wants to come to the US to work and is seeking employment?

Well without mincing words, a tough challenge is slightly tougher, with less jobs available period let alone ones where companies are willing and able to hire foreign talent. Companies are cutting on all extra expenses and sometimes that includes legal expenses often associated with employing foreign residents.

However the underlying reason remain why companies want to hire foreigners and while there may be fewer positions avaiable overall. relative to the amount of visa there are available, there would still be more openings. So basically when you apply you just have to state your case all the more as to why you would be invaluable at this time and why they must sponsor your US visa be it L1, J1, H1B, E3 or H2B!

I mentioned in a previous post; Monster, Craigslist and LinkedIn as great job resources and that still is true now, but I can’t stress enough to target one type of position in a sector for you best results (i.e. Investment Banking and not all Finance related jobs) You need to own your sector and this impossible if you are trying to understand all sectors and apply.

I think the imprtant thing is just that if you do secure or are trying, be aware of the market environment you are heading into in the US which is probably 6 months further advanced than Europe or the UK as far as Recession goes and probably a year ahead of Australia and the Asia Pacific region. This also means it is closer to the end than the other regions but it can be a tense environment as people are ensure what is happening in the macro market.

I hope this post helped you gain a little perspective on the mood in the US and I look forward to your comments and experiences as always….

CJ

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