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The Seasons are Changing: H-1B Season is in Full Swing

January 28, 2014

H-1B Season is Approaching


Employers who have filed H-1Bs before are well versed in the April 1st H-1B filing timeframe.  However, those who have never filed an H-1B petition, may not know the length of time needed to successfully file an H-1B petition for a potential employee.  With the filing date for H-1Bs quickly approaching, employers should get a jump start on their H-1B Checklist and begin the H-1B process as soon as possible.  Employers should begin the process about a month, or even better, several months before the April 1, 2014 filing date.

 
Labor Condition Application...It Takes Time!


Prior to filing an H-1B visa for a potential beneficiary, employers must have the DOL approve their Labor Condition Application (LCA).  Approval of an LCA could take several weeks to over a month because so many employers are trying to get their LCAs filed for the approaching deadline.  Therefore, it is vitally important that employers plan ahead and give sufficient time for their LCA to be approved.


2015 H-1B Visa Cap


The H-1B visa cap trend for the last several years has been that the cap is being met earlier and earlier.  In fact, last year’s H-1B visa cap was met within days of the April 1, 2013 filing date.  If the cap is met, this means that USCIS will conduct a lottery to determine which petition will go through the H-1B process.  USCIS will then return the unadjudicated petitions that did not win a number in the lottery.  For employers who have the petitions returned, this means that the next chance they have to file for their workers would be April of the next year (2015) for a start date of October 2015, pushing the potential worker’s start date back 18 months.


An Improving Economy on the Horizon


With a boost in the economy, we are seeing many employers who want to expand their business and hire foreign workers.  Companies are looking to hire foreign workers to fill information technology, engineering, and other specialty positions.  For those interested in learning more about H-1Bs, we offer private H-1B Visa trainings to prepare your company and the potential H-1B beneficiary for the entire process.


Helpful H-1B Articles


What H-1B is and Is Not; When is the H-1B Petition the Right Thing to Do For the Employer?

What To Expect, Step-By-Step, From an H-1B Visa Process

 


Jessica Haefele

Corporate Immigration Attorney

MDIVANI CORPORATE IMMIGRATION LAW FIRM

7007 College Blvd., Suite

Overland Park, KS 66211

Phone:  913.317.6200

Fax:  913.317.6202

E-mail:   JHaefele@uslegalimmigration.com

 

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