65,000 US visas gone in 4 days?!
May 15, 2013 1:53 PM Subscribe
Husband and I are applying for jobs at the moment (our contracts expire around end of July). Interviews have gone well, but the guy I was talking to yesterday said he couldn't offer me a position as all the HB1 visas were gone for this year. Apparently they were all allocated within four days of being available! And there were 800,000 applicants for 65,000 places. When would I need to apply/what do I need to do do maximise my chances? Husband can also work on an O1B visa - is that the same process? Have any of you applied for these visas, and if so how did it go/what was your experience like? Does anyone have any tips? Would it be good to hire a lawyer for this or can we do it on our own? TIA for any info/advice.
My company does a lot of H1Bs and I'm a hiring manager. This year the applications during the first week of April exceeded the cap for the year. Therefore, every application received during the first week went into a lottery for the available slots. Last year it took until June, I believe, for the cap to be exhausted. The economy is better this year, and I would imagine will be similar next year. You as an individual don't apply for an H-1B visa, though - you require employer sponsorship. And most companies, including my own, rely on lawyers to do all this.
posted by handful of rain at 2:01 PM on May 15, 2013 [3 favorites]
posted by handful of rain at 2:01 PM on May 15, 2013 [3 favorites]
Short answer: yes, you need a lawyer.
Are you in the US now? On what visas?
O1B visa is not the same process as a H1B. It is for "individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry". If he gets an O1B visa, you can get a spouse visa (O3). Does he already have an O1B visa? If not, what makes you say he can get one?
posted by jacalata at 2:03 PM on May 15, 2013 [3 favorites]
Are you in the US now? On what visas?
O1B visa is not the same process as a H1B. It is for "individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry". If he gets an O1B visa, you can get a spouse visa (O3). Does he already have an O1B visa? If not, what makes you say he can get one?
posted by jacalata at 2:03 PM on May 15, 2013 [3 favorites]
Response by poster: We're in Canada now, but I'm a British national and husband is French. He's on a highly skilled worker visa here, and I'm on an open work visa. He works in the film industry (not sure why he mentioned O1 visas, probably because he has work colleagues whose companies hold awards for their work, and that was suggested to him by one of his interviewers) - seems and unlikely path though.
posted by everydayanewday at 2:12 PM on May 15, 2013
posted by everydayanewday at 2:12 PM on May 15, 2013
Have you looked into how a temporary move out of Canada will affect your status there? (From your previous questions it sounds like you plan to live permanently in Canada).
If you have no urgent schedule to move to the USA, then he can just try and apply for jobs with large companies that are willing to apply for a H1B visa, or chase an O1B if he qualifies, then sit tight until the next lottery and hope you win. If you are moving there through a company that manages your visas, you will not need your own lawyer (that's how I got here).
If you desperately want to get there sooner, then it might be worth consulting an immigration lawyer to ask about options. Does one of you feel like being a student, for instance? :)
posted by jacalata at 2:16 PM on May 15, 2013
If you have no urgent schedule to move to the USA, then he can just try and apply for jobs with large companies that are willing to apply for a H1B visa, or chase an O1B if he qualifies, then sit tight until the next lottery and hope you win. If you are moving there through a company that manages your visas, you will not need your own lawyer (that's how I got here).
If you desperately want to get there sooner, then it might be worth consulting an immigration lawyer to ask about options. Does one of you feel like being a student, for instance? :)
posted by jacalata at 2:16 PM on May 15, 2013
O1B visas are basically "TV/movie star" visas, and not many get issued. (10,000 for the entire O1 class in 2012.) They're sort of like Platinum Club visas. There's also the EB priority skilled worker class, which is an immigrant visa (as opposed to the O1) and even less commonly issued.
For skill-based visas issued on an individual basis rather than via an employer, you're probably going to need an immigration lawyer.
If you have no urgent schedule to move to the USA, then he can just try and apply for jobs with large companies that are willing to apply for a H1B visa
Or for companies that have Canadian satellite offices that either allow people to work for them while waiting for the next H1B allocation, or can arrange L1 transfer visas instead.
posted by holgate at 2:22 PM on May 15, 2013 [1 favorite]
For skill-based visas issued on an individual basis rather than via an employer, you're probably going to need an immigration lawyer.
If you have no urgent schedule to move to the USA, then he can just try and apply for jobs with large companies that are willing to apply for a H1B visa
Or for companies that have Canadian satellite offices that either allow people to work for them while waiting for the next H1B allocation, or can arrange L1 transfer visas instead.
posted by holgate at 2:22 PM on May 15, 2013 [1 favorite]
There's an "advanced degree exemption" for people with master's degrees from a US institution. There's an additional 20K slots for these people. Any chance you qualify for that?
Also, apparently there were only 124,000 application for 2014 H1Bs but that's still more than 65K.
posted by GuyZero at 2:23 PM on May 15, 2013
Also, apparently there were only 124,000 application for 2014 H1Bs but that's still more than 65K.
posted by GuyZero at 2:23 PM on May 15, 2013
There's also the EB priority skilled worker class, which is an immigrant visa (as opposed to the O1) and even less commonly issued.
Applying for EB is essentially applying directly for a green card. This is a long process which is why most people come on a H1B visa and then begin the EB process (EB-2 or -3 usually) which can take a few years.
posted by GuyZero at 2:25 PM on May 15, 2013
Applying for EB is essentially applying directly for a green card. This is a long process which is why most people come on a H1B visa and then begin the EB process (EB-2 or -3 usually) which can take a few years.
posted by GuyZero at 2:25 PM on May 15, 2013
Response by poster: We both have masters, but from UK universities :(
We're not sure about settling in Canada, but I know if we go for permanent residency we only have to be here for two out of every five years, and that starts from the time you apply. We're both finding Vancouver a little small and quiet, which was why we were taking the opportunity to move at the end of our contracts, possibly to NY or LA. Looks like we may well be going to Sydney for this year and re-applying for 2015 though.
posted by everydayanewday at 2:28 PM on May 15, 2013
We're not sure about settling in Canada, but I know if we go for permanent residency we only have to be here for two out of every five years, and that starts from the time you apply. We're both finding Vancouver a little small and quiet, which was why we were taking the opportunity to move at the end of our contracts, possibly to NY or LA. Looks like we may well be going to Sydney for this year and re-applying for 2015 though.
posted by everydayanewday at 2:28 PM on May 15, 2013
FWIW, I know someone who got the O1(something) visa (he's in advertising) when the H1B visas ran out the year he moved -- if you have a good lawyer, it's significantly easier than people imagine it is.
posted by jeather at 2:29 PM on May 15, 2013
posted by jeather at 2:29 PM on May 15, 2013
My company right now is in a scramble trying to get a dude here to work for us because he missed the H-1B deadline by three days. The cap was hit almost immediately.
The current consensus on this from our lawyers is that we're SOL. We're actually investigating (unpaid) training options under a J-1 visa (which comes with it's own set of rules, of course) to fill the time between now April 1, 2014 when the H-1B can be applied for again.
Not good news for you unfortunately. Good luck. A lot of people in your situation squat in Canada for a while and then do the TN thing, which is heaps easier.
posted by phunniemee at 2:36 PM on May 15, 2013 [1 favorite]
The current consensus on this from our lawyers is that we're SOL. We're actually investigating (unpaid) training options under a J-1 visa (which comes with it's own set of rules, of course) to fill the time between now April 1, 2014 when the H-1B can be applied for again.
Not good news for you unfortunately. Good luck. A lot of people in your situation squat in Canada for a while and then do the TN thing, which is heaps easier.
posted by phunniemee at 2:36 PM on May 15, 2013 [1 favorite]
The TN path is easier, but my vague sense is that you need to be a NAFTA citizen to be eligible, not just living in Canada. Plus, they have a pretty tight 6 year cap and they require you to stipulate no intent to immigrate. After being on a TN, I think you're precluded from switching to an H1 or any other permanent residency path visa, so it would limit your future flexibility in a serious way. H1B is clearly preferable, but everyone assumes next year will be a lottery year again.
I talked to an immigration lawyer last week who seemed to think that some variants of the immigration reform bills snaking their way through the bowels of congress would boost the H1B caps and create a bunch of new visa classes. Not worth betting on, but the landscape may evolve in significant ways between now and the next H1B application deadline.
And yes, get a lawyer immediately. It's not THAT expensive, and they have exhaustive knowledge of what all your options would be. This is not for the faint of heart and it sounds like there is no obvious or easy solution. If there's a way to do this well, a good lawyer will be able to make it work.
posted by heresiarch at 3:06 PM on May 15, 2013
I talked to an immigration lawyer last week who seemed to think that some variants of the immigration reform bills snaking their way through the bowels of congress would boost the H1B caps and create a bunch of new visa classes. Not worth betting on, but the landscape may evolve in significant ways between now and the next H1B application deadline.
And yes, get a lawyer immediately. It's not THAT expensive, and they have exhaustive knowledge of what all your options would be. This is not for the faint of heart and it sounds like there is no obvious or easy solution. If there's a way to do this well, a good lawyer will be able to make it work.
posted by heresiarch at 3:06 PM on May 15, 2013
As a practical matter, chances of being interviewed and hired, as someone who needs visa sponsorship are much better in Dec/Jan/Feb... companies are more comfortable betting that they can get the required visa for candidates in process at that time. By March it's dicey and after that it's not likely.
posted by fingersandtoes at 3:08 PM on May 15, 2013
posted by fingersandtoes at 3:08 PM on May 15, 2013
After being on a TN, I think you're precluded from switching to an H1 or any other permanent residency path visa, so it would limit your future flexibility in a serious way.
Possibly this has changed more recently, but I was on a TN initially, then got an H1B visa (then Green Card and now citizenship). TNs are non-immigrant visas which mean you basically have to say you do not intend to immigrate to the US and maintain/demonstrate ties to Canada. But lots of people who are on them do go on to get a H1B. It's tricky, but not impossible (you basically sort of go "ooops, yeah, I know I just yesterday got a new TN where I just said I don't mean to stay, but today I've changed my mind, here's my H1B application" and then do a mail-in TN renewal. That's how I did it anyway, all via a company lawyer).
posted by marylynn at 3:11 PM on May 15, 2013
Possibly this has changed more recently, but I was on a TN initially, then got an H1B visa (then Green Card and now citizenship). TNs are non-immigrant visas which mean you basically have to say you do not intend to immigrate to the US and maintain/demonstrate ties to Canada. But lots of people who are on them do go on to get a H1B. It's tricky, but not impossible (you basically sort of go "ooops, yeah, I know I just yesterday got a new TN where I just said I don't mean to stay, but today I've changed my mind, here's my H1B application" and then do a mail-in TN renewal. That's how I did it anyway, all via a company lawyer).
posted by marylynn at 3:11 PM on May 15, 2013
Moving from TN to H1B is pretty common, provided you qualify for both. In theory you could qualify for a TN but not a H1B I guess. Technically TN isn't a visa, it's "TN status".
posted by GuyZero at 3:51 PM on May 15, 2013
posted by GuyZero at 3:51 PM on May 15, 2013
Pretty sure the TN route is for NAFTA citizens, so if you're UK and French, it's not open to you. My employer sure was worried about my Scottish accent when I applied. It takes 1095 days of Canadian residency as a PR to be eligible for citizenship, and I think that has to be done in 5 years.
posted by scruss at 4:15 PM on May 15, 2013
posted by scruss at 4:15 PM on May 15, 2013
I think you will find good info on the O-1 option here and here (full disclosure, I work at the second place- sorry if that sort of thing is discouraged- and that site is way under construction).
posted by kelseyfrost at 5:16 PM on May 15, 2013
posted by kelseyfrost at 5:16 PM on May 15, 2013
Former immigration paralegal here, IANAL and TINLA.
If you're not a NAFTA citizen, you're not eligible for TN, is my understanding. Seconding those above who say that the H-1Bs run out quickly and you will have to look for an alternative status. And I also strongly suggest consulting with a lawyer in the specialized field to discuss your options.
Feel free to Memail if you'd like a referral (my ex-boss handled cases for individual applicants like you).
posted by immlass at 6:53 PM on May 15, 2013
If you're not a NAFTA citizen, you're not eligible for TN, is my understanding. Seconding those above who say that the H-1Bs run out quickly and you will have to look for an alternative status. And I also strongly suggest consulting with a lawyer in the specialized field to discuss your options.
Feel free to Memail if you'd like a referral (my ex-boss handled cases for individual applicants like you).
posted by immlass at 6:53 PM on May 15, 2013
We have just gone through this and woot! my husband (and so the rest of us too) "won" H1B visas for this year. We moved to the US on TN status this past fall and got everything rolling to apply ASAP for the visas. Fortunately my husbands company provided us with a small army of immigration lawyers. This is not a DIY situation. You need a skilled lawyer and yes you are totally out of luck for this year. Visas are tricky and need to be done just right.
posted by saradarlin at 9:18 PM on May 15, 2013
posted by saradarlin at 9:18 PM on May 15, 2013
This thread is closed to new comments.
An O1 visa is not for "normal" people - if that's really an option why not go for it in the first place? O1s are for visiting athletes, musicians, etc with O2's for their entourage.
yes, you need an immigration lawyer. You're wasting you time as the process is very complex. My lawyers even called the border crossing I'd be using to get my visa at to discuss my case with border agents. I doubt they said very much as I have a pretty boring application, but the process is sufficiently complex that you need a specialist, usually a lawyer.
Are you Canadian? If so, see if you can get a TN visa for this role. Can you transfer to a different non-US office for a year? Then you may be able to get an L1 visa.
posted by GuyZero at 2:01 PM on May 15, 2013 [1 favorite]