The United Stated Immigration Services (USCIS) will begin accepting
application for the H-1B visa Friday, April 1. Those applications cover any
employment with a starting date on or after October 1. Our office in Columbus,
Ohio can offer assistance in H-1B-related filing.
The H-1B program is applied to nonimmigrant aliens who want to work in specialty fields. The Department of Labor defines specialty as "one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent."
The program has a cap of 85,000, with 20,000 of the visas going to those with U.S. masters' degrees (or higher). The USCIC will accept applications until they have received enough cap-eligible petitions.
A more thorough overview of the H-1B program can be found HERE.
The USCIS monitors the petitions received and notifies the public when the numerical limit has been met. For FY2011 the regular cap number was reached January 26, 2011.
As we mentioned a few weeks ago, this USCIS is considering a change to the H-1B process involving an advance electronic registration. As early as FY2013, employers may be able to register petitions prior to the start of the petition filing period. The idea would be to cut down on administrative costs, as employers would be able to limit filings to those selected petitions.
The government estimates the program could save more than $23 million over the next decade. The USCIS is still seeking feedback for the proposal and those interested in comment can find information HERE.
The H-1B visa category was created as part of the "Immigration Reform and Control Act of 1990." Though it began at the current 65,000 number, the cap number has fluctuated quite a bit over that time, rising as high as 195,000 during the early 2000s.
Here are a few things for employer's to keep in mind as they think about the process:
-Applications must be filed at the correct Service Center based on your
jurisdiction.
-Filing duplicate applications for the same employee is not allowed.
-The base filing fee for H-1B is $325, along with an additional fee for the American Competitiveness and Workforce Improvement Act of 1998 and a Fraud Prevention and Detection fee.
-There is also a $2,000 fee for employers with 50 or more employees in the United States where more than half are H-1B or L-1 status.
