H-1B Season – Will You Be Ready to File April 1st?

Are you an employer interested in hiring and sponsoring foreign nationals in professional level positions? If so, you should contact Garganigo Goldsmith & Weiss as soon as possible to discuss the H-1B visa option.

While these petitions cannot be filed until April 1, 2014, it is important to have all the forms and documents ready for filing the first week of April. This includes the Labor Condition Application approval which can take weeks to obtain for a company that has not filed H-1B petitions before. Filing early will increase the likelihood that you will receive one of the 65,000 H-1B visas issued.

An additional 20,000 H-1B visas are reserved for foreign graduates of U.S. advanced degree programs, thus bringing the total number of available visas to 85,000. Last year, United States Citizenship and Immigration Services (USCIS) received more than 120,000 H-1B petitions during the five-day filing period, after which it used a “lottery” system to select petitions at random for adjudication under the regular and advanced degree caps.

In actuality, there are really less than 65,000 visas available under the regular cap because up to 6,800 are set aside for nationals of Chile and Singapore, thereby reducing the actual number of available visas to 58,200 each year in addition to the 20,000 advanced degree visas.

Several years ago, filing this early wasn’t necessary as there were many more H-1B visas issued (195,000) so they remained available well beyond the April 1st filing date. With the economy recently showing many signs of recovering, even more H-1B petitions will be filed, so the prudent thing would be to file as early as possible. If you would like additional information regarding this, please contact one of our attorneys or read other post on our website.

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