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
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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.
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