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
Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses
When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]
Author: John D. Giampolo
Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know
For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]
Author: George McGowan
Estate Planning for Digital Assets Under New Jersey Law
As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]
Author: Marc J. Comer
The Role of Representation and Warranty Insurance in M&A Transactions
In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]
Author: George McGowan
You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?
Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]
Author: George McGowan
Why Every Business Should Conduct an Annual Insurance Coverage Review
Most New Jersey business owners purchase insurance policies, file them away, and assume they are protected if a claim arises. Without a regular insurance coverage review, many companies discover gaps only after a lawsuit, cyberattack, property loss, or other significant event occurs. An annual insurance coverage review can help businesses identify potential risks, ensure their […]
Author: George McGowan
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.