It is now time for employers to start planning the H-1B petition filings for foreign national employees. The U.S. Citizenship and Immigration Service will begin accepting H-1B petitions subject to the FY 2017 cap on April 1, 2016. Beneficiaries of approved H-1B petitions will be eligible to start working on October 1, 2016, the beginning of the FY 2017. While April 1 may appear to be away, it will be here sooner than you expect.
The H-1B visa category provides for the temporary employment of foreign nationals in “specialty occupations” for which at least a bachelor’s degree or its equivalent is required (for example, accountants, pharmacists, computer programmers, engineers, lawyers, teachers, and many other professions).
There is a cap of 65,000 visas per year plus 20,000 visas for workers who possess U.S.-earned masters or higher degrees. It is expected, as in the previous years, that petitions received from April 1 to April 7 (the first five business days of April) will be considered in the H-1B “lottery” (computer-generated random selection process). The lottery will select H-1B petitions, which will be accepted for adjudication.
As the economy improved and a large number of H-1B candidates is expected to apply this year, we advise employers to be proactive and move quickly to ensure their H-1B petitions are prepared and ready to be filed prior to April 1, 2016. Keep in mind that prior to the filing of the H-1B petition, a labor condition application has to be certified by the Department of Labor and must be submitted with the H-1B petition. For more information and help with your H-1B petitions, call us today at 480-425-2009 or contact us through our website!