Skip to main content

It's Time to Prepare to File the H-1B Visa--Lottery Starts on April 1, 2015

Its remarkable how fast the April 1, 2015 H-1B filing deadline has arrived this year!  We want to remind all employers that if you are considering hiring a foreign national this year, you must begin the H-1B petition process now, to have it ready on April 1.  There appears to be little, if any chance that Congress will act on immigration reform this year, including a much needed increase in the H-1B cap. We also expect a record number of applications this year, given the expanding economy and lagging US educational system. As soon as possible, we encourage you to identify any employees who may require H-1B sponsorship. This year we again expect the cap to be reached as early as the first week of April. Once the H-1B cap has been reached, employers will be unable to file new cap-subject H-1B petitions until April 1, 2016.

In addition to the 65,000 H-1B cap-subject H-1B visas, there are an additional 20,000 visas available for individuals who have earned a master’s degree or higher from an accredited U.S. educational institution. We expect that Master’s degree H-1B visas to also be exhausted in the first week of application (USCIS is required to hold the application period open for 5 business days before closing it to new application, before conducting its “lottery” for H-1B visas).  We advise employers to make H-1B sponsorship decisions within the next few weeks. It is important to prepare H-1B petitions as early as possible and well before April 1 so that a complete petition can be submitted to USCIS on the first day that the quota opens.

We will work with you to file H-1B petitions right up until April 1, and afterward, for as long as H-1B visas are available. We strongly advise clients to finalize their H-1B petition decisions by February 1, 2015. Each petition requires certification by the Department of Labor (DOL) of a Labor Condition Application (LCA). DOL regulations allow for up to seven working days to certify an LCA. And, given this years demand, we expect DOL to take the maximum period allowed. 

We also encourage employers of H-1B visa holders to ensure that they are complying with all relevant H-1B and DOL regulations pertaining to work sites and Labor Condition Applications, and to conduct an audit of the H-1B Public Access Folders on a yearly basis to ensure that all relevant and necessary documentation is on hand for inspection.  

Comments

Popular posts from this blog

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America.
The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds.
Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups:
Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans), we strongly rec…

Why is USCIS Taking So Long to Renew DACA Work Permits?

If the calls to our office are any indicator, there are thousands of DACA recipients whose work permit applications were filed at least three months prior to expiration, who are still waiting for their renewed work permits.  Without renewed permits, these individuals lose the right to work legally, the right to drive, and may once again accrue unlawful presence.

The DHS published a notice in October 2014 advising DACA recipients that they could file their request for extension up to 150 days (5 months) prior to expiration.  As with all things government, very few of the DACA recipients, who tend not to frequent government websites, knew about the memo and many did not file so far before expiration perhaps thinking that extending a work permit was a like extending a drivers license, its is done in a few minutes.  As an experienced immigration lawyer will tell you, the USCIS does nothing quickly, and certainly does not worry that a person may lose their job or their driver's licens…
Si usted es inmigrante (incluso un ciudadano de los EE.UU.), aquí hay 9 cosas que usted debe saber.

¿Es usted un ciudadano estadounidense naturalizado, residente legal permanente, titular de una visa o inmigrante indocumentado? Le recomendamos que tome los siguientes pasos para protegerse de nuestra versión actual de América.
Las últimas semanas hemos recordado a los inmigrantes, incluso a los ciudadanos estadounidenses naturalizados, que no nacieron en los Estados Unidos. Nuestra oficina ha recibido innumerables llamadas telefónicas, mensajes de correo electrónico y mensajes de medios sociales de personas preocupadas por el futuro de su familia en los Estados Unidos.
La mayoría de gente quiere saber qué puede hacer ahora para protegerse de lo que promete ser una ola de actividad anti-inmigración por parte del gobierno federal. La orden ejecutiva de Trump sobre la aplicación de la ley interior tiene algunas disposiciones que deberían hacer temblar a la mayoría de los estadounidenses. …