Fiscal Year 2013 H-1B Cap Filing Starts on April 2, 2012

U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B applications on April 2, 2012. The H-1B start date must be October 1, 2012 or later. There is a general cap of 65,000 and an advanced degree cap of 20,000. Last year the H-1B quota was reached on November 22, 2011 which means the filing period was 236 days. If you haven’t found an employer willing to sponsor your H-1B visa yet, you still have time. The normal processing time for the H-1B petition is 3-5 months.

The preliminary requirements for H-1B are as follows:

·    The H-1B employee must be paid the prevailing wage. The prevailing wage is defined as the average wage paid to similarly employed workers in a specific occupation in the area of intended employment.

·        The job must be a professional position that requires, at a minimum, a bachelor's degree in the field of specialization.

·  The H-1B employee must have a bachelor’s degree or equivalent education and/or experience.

H-1B visas are valid for 3 years and can be extended another 3 years for a total of 6 years. In certain situations, the H-1B visa can be extended beyond 6 years.

The H-1B government filing fees are as follows:

·        $325 petition fee

·        $500 Anti-fraud fee

·        $750 ACWIA fee if the company has 25 or fewer full time employees , otherwise $1,500

·        $1,225 premium processing fee for 15 day processing (optional)

·        $290 for H-4 dependent visa. One fee covers your spouse and children.

Total government filing fees are typically $1,575 for a small employer otherwise $2,325. Legal fees vary. If your employer is willing to sponsor your H-1B, you can explain to them that the employer typically pays the government filing fees and legal fees. If your employer is unwilling to pay all the fees, then you can negotiate which fees are paid by whom. The employer must at a minimum pay the ACWIA fee of $750 or $1,500. Certain employers, such as colleges and universities, are exempt from the ACWIA fee. If the employee pays any fees, these are considered a deduction from his/her wage and must not reduce the wage below the prevailing wage.

My Law, LLC                                
Immigration & Tax Law Firm

www.mylawllc.com

Phone: (630) 903-9625

1230 E. Diehl Rd. Suite 106

Naperville, IL 60563

E-mail: attorney@mylawllc.com