US will accept H-1B visa applications from April 2

Updated on: Thursday, March 29, 2012

Applications for the most sought after H-1B work visa – used extensively by Indian IT professionals – for the fiscal beginning October 1, would be accepted from April 2, a federal immigration agency announced.

The congressionally mandated numerical limitation on H-1B petitions for the fiscal year 2012-13 is 65,000, as has been in the previous years.

Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a US masters degree or higher are exempt from the fiscal year cap.

The US Citizenship and Immigration Services (USCIS) said H1B applications will be considered accepted on the date it takes possession of a properly filed petition with correct fee and not the date on which it was sent.

USCIS said in a statement, "If the number of applications received exceeds the numerical cap, USCIS will randomly select the number of petitions required to reach the numerical limit from the pool of petitions received on the final receipt date," adding that it will reject cap-subject petitions that are not selected, as well as those received after the final receipt date.

Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at institutions of higher education or related or affiliated non-profit entities, non-profit research organisations or governmental research organisations, USCIS said.

Petitions filed on behalf of beneficiaries who will work only in Guam or the Commonwealth of the Northern Mariana Islands are exempt from the cap until December 31, 2014.

Employers may continue to file petitions for these cap-exempt H-1B categories seeking work dates starting in FY 2012, it said.

USCIS said that up to 6,800 visas are set aside from the cap of 65,000 during each fiscal year for the H-1B1 programme under the terms of the legislation implementing the US-Chile and US-Singapore Free Trade Agreements.

Unused numbers in this pool are made available for H-1B use for the next fiscal year.

The federal agency cautioned applicants from filing duplicate applications.

USCIS will deny or revoke multiple or duplicative petitions filed by an employer for the same H-1B worker to ensure fair and orderly distribution of available H-1B visas, and will not refund the filing fees submitted with multiple or duplicate petitions, it said.

In another statement, USCIS listed out the details of the fees to be filed by the applicants for H-1B visas. It starts from a base fee of USD 325 to USD 2,000 by the petitioner which employs 50 or more employees in the US where more than 50 per cent of its workers in the US are in H-1B or L-1 non-immigrant status.

Such a move is expected to hit majorly Indian IT companies.

USCIS this year is charging USD 750 for employers with 1 to 25 full-time equivalent employees, and USD 1,500 for employers with 26 or more full-time equivalent employees.

There is another USD 500 listed as fraud prevention and detection fee.

And employers seeking premium processing service, in which application is processed within 15 days, need to submit an additional USD 1,225, it said.

US will accept H-1B visa applications from April 2

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