Dan Brecher
Counsel
212-286-0747 dbrecher@sh-law.comFirm Insights
H-1B Filing Season Is On It's Way! Is Your Business Ready?
Author: Dan Brecher
Date: January 21, 2015
Key Contacts
Back
New York and New Jersey businesses frequently rely on H-1B visa program to hire foreign workers in specialty occupations, such as scientists, engineers, or computer programmers.
Employees can remain in the country in this status for a total of six years.
In recent years, H-1B visas have sold out rapidly, leaving many employers scrambling to make alternative plans. The demand is expected to grow for FY 2016, making it imperative for employers to begin the visa process as soon as possible.
By law, the annual cap for new H-1B visas is 65,000, of which 6,800 are reserved for nonimmigrants who are citizens/nationals of Chile or Singapore. Another 20,000 H-1B visas are available for foreign workers holding advanced degrees from U.S. academic institutions.
The annual filing period begins on April 1. Employers may file an H-1B petition no more than six months in advance of the worker’s start date.
If the number of petitions received during the first week of April exceeds the cap, a lottery is conducted to determine which applications will be accepted for processing. Last year, U.S. Citizenship and Immigration Services (USCIS) announced it had reached the limit of 65,000 visas on April 7, 2014. Consequently, any applications received thereafter were rejected.
To give your visa application the best chance to be selected, it is crucial that the USCIS receives it on April 1, 2015. Therefore, it is advisable to send it on March 31 via next-day delivery.
The USCIS also offers the following tips to help ensure proper filing:
- Complete all sections of the Form I-129 petition, including the H Classification Supplement (pages 11 and 12 of the form) and the H-1B Data Collection and Filing Fee Exemption Supplement (pages 17-19).
- Make sure each form has an original signature, preferably in black ink.
- Include a signed check or money order with the correct fee amount.
- Submit all required documentation and evidence with the petition at the time of filing to ensure timely processing.
Of course, even if employers do everything right, they may still not be able to obtain H-1B visas. Therefore, many businesses looking to hire foreign candidates will need to look at alternatives to the lottery.
- Business attorney New Jersey
- Business attorney NYC
- New Jersey Employment Attorney
- New Jersey Employment Lawyer
- Scarinci Hollenbeck
- Practices: Corporate Transactions & Business
- Locations: Red Bank, NJ, Little Falls, NJ, New York City
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
SPACs Are Back, What You Need to Know
Special purpose acquisition companies (better known as SPACs) appear to be making a comeback. SPAC offerings for 2025 have already nearly surpassed last year’s totals, with additional transactions in the pipeline. SPACs last experienced a boom between 2020–2021, with approximately 600 U.S. companies raising a record $163 billion in 2021. Notable companies that went public […]
Author: Dan Brecher
Short Form Merger: Streamlining the Process for Businesses
Merging two companies is a complex legal and business transaction. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process that involves important corporate governance considerations. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process. However, […]
Author: Dan Brecher
Tariff Response Options for Small Businesses Facing Financial Distress
The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]
Author: Brian D. Spector
Common Causes of Partnership Disputes and How to Resolve Them
Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]
Author: Christopher D. Warren
Businesses Are Facing Financial Headwinds—A Practical Guide
*** The original article was featured on Bloomberg Tax, April 28, 2025 — As a tax attorney who spends much of my time helping people and companies who have large, unresolved issues with the IRS or one or more state tax departments, it often occurs to me that the best service that I can provide […]
Author: Scott H. Novak
President Trump's Termination of Member Gwynne Wilcox
On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]
Author: Matthew F. Mimnaugh
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.