H-1B visas for 2015-2016
H1B FACTS; GET STARTED NOW
The 2016 H1B season is almost upon us! If you plan to apply for an H1B visa you should start getting your paperwork organized now. USCIS will start
accepting applications on April 1, 2015. You can start working on October 1, 2015. There are only 65,000 H1B visas available (With a few exceptions).
Get your paperwork right the first time.
H1B Visa Information, What is it? How does it work? Do I qualify?
H1B visas are the most common way that employers use to hire international professionals and students to come and work here in the USA. H-1B visas
allow people to stay and work here for a specific period of time up to six (6) years.
Qualifying Occupations that use H-1B visas include but are not limited to: IT positions, Banking, Marketing, Sales, Computing, Engineering, Teaching,
Healthcare. Talk to an attorney about your profession to see if you may qualify for an H-1B
Usually, an initial H-1B visa is granted for up to 3 years, after which it can be extended for up to a total of six (6) years.
Your family is also permitted to live in the US during the time of using an H-1B visa; however they cannot work unless they obtain their own work
visa, with certain exceptions.
What is the H1B Cap?
The amount of H1B visas that are granted is limited at 65,000 plus an additional 20,000 for International students that graduate with an MBA or higher.
This cap is set by the US Congress.
Documentation for H1B Visa:
-High school Diploma
-College diplomas, College transcripts/academic records
-An H1B Sponsorship job offer from a US Sponsor Company
-Any documentation for current or previous visas
- Employment verification in the form of references, all of which must correlate with information in Resume.
- Current Resume describing in detail employment history, which include the name and addresses of the employer, job title, time of employment and
duties.
Last year, the 2014-2015 cap/quota filled in 5 days. USCIS began accepting applications on April 1, 2014 and by April 5,
2014; they had received well over the 65,000 cap/quota, an approximately 124,000 applications. The USCIS used a computer generated random selection
process, kind of a “lottery” to determine which applications to accept and process for H1B visas. What that means for the 2015 season is that you want
to get a head start on the competition. There is a substantial amount of paperwork associated with the H1B application, including the DOL Labor Condition
Application (LCA). The LCA must be pre approved and usually takes some time. An applicant must also gather all proof of their educational credentials.
If you education was obtained abroad, the application will need to have those credentials certified as acceptable by U.S. standards. This too usually
takes time. Since there are a number of “pre application processes”, it would be a wise choice to get started now!
H1B Visa Cap /Quota Exemptions:
The following H-1B visa petitions are not subject to the annual quota:
- An amended H1B visa
petition.
- An H1B visa renewal or extension
petition.
- An H1B visa Transfer
petition.
- The employer is an institution of higher education (College or University).
- The employer is a nonprofit organization or entity related to or affiliated with an institution of higher education (Hospital affiliated with a University)
and the Foreign National Beneficiary (Worker) is enrolled in the jointly managed program
.
- The employer is a nonprofit research organization or a governmental research organization.
- The Foreign National Beneficiary (Worker) has been previously granted status as an H1B visa nonimmigrant in the past 6 years and not left the U.S.
for more than a year after attaining such status.
U SCIS Fees for processing H1B application:
There are different fees depending on the type of H-1B petition you are submitting...
The following fees may be required:
Base filing fee: $325.00
Additional Fees:
1. American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee:
$750 for employers with 1 to 25 full-time equivalent employees, unless exempt.
1,500 for employers with 26 or more full-time equivalent employees, unless exempt.
2. Fraud Prevention fee: $500 to be submitted with a request for initial H-1B status or with a request for a beneficiary already in H-1B
status to change employers (does not apply to Chile/Singapore H-1B1 petitions).
3. Public Law 111-230: $2,000 to be submitted by a petitioner which employs 50 or more employees in the United States where more than 50 percent of
its employees in the United States are in H-1B or L-1 nonimmigrant status. (Must be submitted with a request for initial H-1B status or a request for
a beneficiary already in H-1B status to change employers.)
Premium Processing fee (optional): $1,225 for employers seeking Premium Processing Service. (This services allows processing within 15 days)
Here is a summary of past years H1B Visa Quotas and the dates they were filled:
FY 2014 H1B Visa Cap / Quota:
Regular H-1B Visa cap of 65,000 reached on April 5, 2013 (5 days).
US Master Degree H-1B Visa Cap of 20,000 reached on April 5, 2013 (5 days)
FY 2013 H1B Visa Cap / Quota:
Regular H-1B Visa cap of 65,000 reached on June 11, 2012 (72 days).
US Master Degree H-1B Visa Cap of 20,000 reached on June 7, 2012 (68 days).
FY 2012 H1B Visa Cap / Quota:
H-1B Visa cap of 85,000 reached on November 22, 2011 (236 days).
FY 2011 H1B Visa Cap / Quota:
H-1B Visa cap of 85,000 reached on January 26, 2011 (301 days).
Sandra Boogaard Law Office
will competently handle your H1B petition and work with you to get it ready and filed in a
timely manner. If you would like assistance please give us a call.
Phone: (646) 688-2747 or (330) 329-7134 or Email sandra@sandraboogaardlaw.com
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