Employment, Benefits & Labor
New H-1B visa petitions can be filed with the United States Citizenship & Immigration Services beginning April 1, 2013. Employers seeking to hire professional, foreign workers should contact Blank Rome's Immigration Team. The annual H-1B numerical quota is expected to be reached earlier than in previous years. Therefore, employers hoping to use the H-1B program are recommended to begin the filing process as early as possible.
Background
The H-1B visa is an attractive option for employers that rely on the temporary employment of foreign professionals in the United States. Specifically, this visa category offers work authorization to foreign nationals employed in specialty occupations. A "specialty occupation" is broadly defined as a position requiring at least a Bachelor's degree in a specific academic field. Based on this criterion, the H-1B visa captures a wide-range of occupations, making it especially popular among U.S. employers.
Congress has set an annual limit for new H-1B visas at 65,000 per fiscal year (with an additional 20,000 reserved for occupations requiring an advanced degree from a U.S. institution). Given the H-1B visa's versatility and popularity, the annual quota is often reached shortly after the filing period opens.
The Importance of Early Preparation
The demand for H-1B visas is expected to be higher this year than in recent years. Last year, the quota was met on June 11, 2012. The quota for FY 2014 visas is therefore expected to be met even closer to the April 1, 2013 filing date. Petitions are accepted on a "first-come-first-serve" basis. Any applications filed after the cap is met will be returned and cannot be re-filed until the following year.
To maximize the chances that your H-1B petition is included in the cap, all materials should be completed and ready for submission by the beginning of April. However, gathering the necessary supporting documentation can be time-consuming. Preparation will include assembling background and education documents, drafting and signing letters and forms, and submitting a Labor Condition Application (LCA) to the Department of Labor (DOL) for certification. Early preparation is thus essential.
To be in the best position to file new H-1B petitions before the cap is exhausted, LCAs should be submitted to the DOL by the beginning of March, and petitions should be ready for filing during the first week of April.
Selecting Blank Rome for your H-1B Filing Needs
Blank Rome's Immigration Team is part of the firm's Employment, Benefits, and Labor Practice. Our seasoned immigration attorneys and specialists are ready to handle your H-1B filing needs. Whether this is your first time petitioning for a foreign worker, or whether your company has utilized the H-1B visa in the past, we are ready to provide the level of support and attention you require.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
