What you need to know about H-1B

What you need to know about H-1B

If you have already decided that your career plan is to obtain an H-1B visa, there are a few things you should know first. This document will provide you with SOME BASIC information and a good plan for a future H-1B application. There is no guarantee that you will obtain an H-1B visa by following these suggestions. In fact, there are a very limited number of H-1B visas available each year and you should prepare for an alternative career path in case you do not find yourself in a situation where an H-1B is possible.

The Numbers

There are 85,000 H-1B visas awarded each year through the CAP system. There are about 900,000 international students studying in the United States this year. Not all applicants are students. NOTE: there are not enough H-1B visas for all candidates. In 2014 there were more than twice as many applicants as visas available.

About the H-1B Visa

H-1B is the most common work visa in the United States. Using this category, U.S. employers are permitted to hire international graduates who have at least a four-year college degree, if they will work in a position requiring their specific college degree.

Duration: An H-1B visa is valid initially for up to three years and can be extended an additional three years for a total of six years. There are also complicated rules for seeking extensions beyond six years for foreign nationals who have started the process of applying for lawful permanent residence.

Procedure: Only an employer can file an H-1B petition with USCIS (United States Citizen and Immigration Services or "CIS"). Employers usually file the H-1B petition while the employee is working using OPT. Filing an H-1B petition does not obligate the employer to keep the employee fo r the entire duration requested (usually three years). The employer retains full authority to terminate the employment.

Costs: The cost of the H-1B consists of the legal fee (if an attorney is used, which is advisable), plus the CIS filing fee. The CIS filing fee is $2,325 for employers with more than 25 employees, and $1,575 for employers with 25 or fewer employees. These fees are regularly increased by Congress. The U.S. government considers all fees and costs for the H-1B process to be employer expenses.

H-1B Quota: CIS issues 85,000 new H-1B approvals each fiscal year (Oct. 1 through Sept. 30). Graduates with U.S. advanced degrees have a special allocation of 20,000 H-1Bs of this 85,000 quota. Exceptions to the quota are university jobs. Employers should file an H-18 petition by April 1 for the October 1 quota. HOWEVER, to file by April 1, your employer needs to agree to sponsor you ideally several months before this date so that there is sufficient time to prepare your application and file it by April 1.