What is an H-1B?
An H-1B visa is a nonimmigrant visa that allows U.S. businesses to hire foreign workers in specialty occupations, such as IT workers, engineers, and scientists. The current cap on H-1B visas is set at 65,000 per fiscal year (FY). For FY 2015, employers may begin filing their H-1B petitions on April 1, 2014. An H-1B petition approved under the FY 2015 cap will not take effect until October 1, 2014. For employers, this means that employees cannot begin working in H-1B status until October 1, 2014.
What Does an Employer Need to do to File on April 1, 2014?
Employers and foreign workers should start gathering documentation for the H-1B petition as soon as possible. The Mdivani Corporate Immigration H-1B Visa Checklist provides a comprehensive list of information needed throughout the H-1B process. Some documents, such as academic transcripts, degrees, and foreign birth certificates, can take time to gather, especially if they need to be translated. Prior to filing an H-1B visa, a Labor Certification Application (LCA) must also be approved by the Department of Labor.
Now that the H-1B visa season is in full swing, employers and foreign workers should start gathering documents on the H-1B Visa Checklist now. The best way to be prepared is to start working with your attorney to make sure that the LCA is filed properly and all documentation is collected and prepared in time for the April 1, 2014 filing deadline.
Other H-1B Articles of Interest:
Job Description: The Most Important Part of the H-1B Preparation Process
What to Expect, Step-By-Step, From the H-1B Visa Process
Can an Expired Passport be Detrimental to an H-1B Petition?
Corporate Immigration Attorney
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