The H1B visa is an employment-based, non-immigrant visa category for temporary workers. For such a visa, an employer must offer a job and apply for your H1B visa petition with the US Immigration Department. This approved petition is a work permit which allows you to obtain a visa stamp and work in the U.S. for that employer.
Eligibility
The H1B visa is issued for a specialty occupation, requires theoretical and practical application of a body of specialized knowledge and requires the visa holder to have at least a Bachelors degree or its equivalent.
Total Quota:
- Based on the H1B Quota numbers of previous years, the H1B Cap for the fiscal year 2010 is expected to be 65,000. Note: The H1B quota has not been filled for 2010. The filing started on April 1, 2009. As of September 25, 2009, approximately 46,700 H1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption were filed with the USCIS.
- This has been the first time in the history of H1B visa petitions. Last year the quota of 65,000 was filled within days and a lottery system was followed to deal with the high number of applications.
- According to news reports, the USCIS will continue to accept petitions until a sufficient number of H1B petitions have been received to reach the quota limits.
- There is an additional 20,000 quota for qualified people who have completed a Masters degree from USA. This quota is independent and additional to general 65,000 quota.
What is the USCIS Fee for filing for H1B Petition?
The filing fee for H1 B petition is paid by the employer/H1 Sponsor. The fee ranges from $1570 to $2320. Please look at the table below for an accurate breakup:
Fee components |
For employers with 1 to 25 full time equivalent employees |
For employers with 26 or more full time equivalent employees |
Base Fee |
$320 |
$320 |
American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee: |
$750 |
$1500 |
|
$1070 |
$1820 |
Fraud Fee |
$500 |
$500 |
Total |
$1570 |
$2320 |
Premium Processing Fee |
$1000 (optional) |
$1000 (optional) |
You may need to incur additional lawyer’s fee:
|
Limit of H1B visa |
|
H1B- Re-Stamping |
|
Multiple Employers |
|
Travel |
|
Work |
|
Vacation |
|
Family Status |
|
Permanent Residence (Green Card) |
|
Changing Employer? |
|
Investments/Finance
|
Should the H1B holder be working at all times?
As long as the employer/employee relationship exists, an H1B holder is still in status. An H1B alien may work in full or part-time employment and continue to be in status. An H1B alien may
- apply for vacation
- apply for sick/maternity/paternity leave
- go on strike
- or otherwise be inactive without affecting his or her status
A lot depends on the work relationship of the visa holder. Just like other employees, the H1 B visa holder can enjoy all the benefits of employment.
Change of circumstances
So long as things are smooth and steady, there is no need to worry. However, every now and then, the H1B visa holder thinks: what next? or what should I do if circumstances change?