There are 65,000 new cap-subject H1B visas available every fiscal year. Of these, 6,800 are reserved for applicants from Chile and Singapore, leaving 58,200 available in the general pool. In years of high demand (as is expected this year), USCIS receives more than enough applications to distribute all available H1Bs within the first few days after H1B season opens on April 1. It therefore stops accepting applications after the first week of April and conducts a lottery among the applications already accepted to determine which will be processed. [Read more…]
The exact cost of filing an H1B petition depends on the size of the employer and the number of other H1B employees working for the employer.
Base Fee: All petitions start with the base fee of $460.
Fraud Prevention Fee: All new petitions and petitions to switch employers (but not petitions to extend status with the same employer) must include a “fraud prevention” fee of $500.
ACWIA Fee: Introduced in the American Competitiveness and Workforce Improvement Act (“ACWIA”), this fee feeds a fund intended to train US workers for skilled positions. The ACWIA fee [Read more…]
Maybe. How similar is your degree to the degree normally required for the job? How much related work experience have you had?
To obtain an H-1B visa for an employee, the employer must show that the job offered normally requires a college degree in a specific field, and that the employee has this specific degree or its equivalent. I’ve already discussed how to show equivalency if you don’t have a degree, or if you are very close to graduation, but what if you already have a diploma, just in a different field?
When considering an H-1B visa application, USCIS will verify not only that the job itself is a “specialty occupation,” but also that the H-1B applicant is actually qualified. An applicant can prove she qualifies with a US degree in the relevant field (or foreign degree determined to be equivalent), or a license to practice in the state where she has a job offer.
While a degree or licence is certainly the easiest way to show qualification, every year applicants without either are granted H-1B visas because they have been able to document that their knowledge of the speciality occupation is equivalent to that normally obtained in a degree program. There are several ways to do this [Read more…]
It’s common knowledge that a current H1B holder can transfer to another employer within the US during the six-year H1B period without being subject to the 65,000 general + 20,000 masters degree cap again. I’ve been getting a lot of questions lately about what happens when an H1B holder leaves the US after working on an H1B and then later receives another job offer in the US. Is this person subject to the cap if their new employer wants to sponsor them for an H1B? [Read more…]