Action Item: New H-1B visa petitions can be filed with the United States Citizenship & Immigration Services ("USCIS") beginning Wednesday, April 1, 2015. Although the filing period is several months away, it is critical to plan ahead. Demand for H-1B visas reached unprecedented numbers in Fiscal Year 2015 and is expected to be even greater in Fiscal Year 2016. Therefore, employers seeking to hire professional, foreign workers should contact Blank Rome's immigration attorneys as early as possible to initiate the H-1B visa process.
Background
The H-1B category allows the temporary employment of foreign professionals in the United States. Specifically, this visa category provides work authorization to foreign nationals employed in specialty occupations—broadly defined as a position requiring at least a bachelor's degree in a specific academic field. H-1B visas are used in a wide-range of occupations, making them especially useful for U.S. employers and organizations requiring high-skilled workers.
The annual quota for new H-1B visas issued each Fiscal Year is currently set at 65,000 (with an additional 20,000 reserved for beneficiaries with an advanced degree from a U.S. institution). Petitions are accepted on a "first-come-first-serve" basis. Applications filed after the quota is met will be returned and cannot be re-filed until the following year. Last year, USCIS received more than 172,500 applications within the first few days of the filing period.
Early Preparation
To maximize the likelihood that your H-1B petition is included in the quota, all application materials should be completed and ready for submission by April 1, 2015. Gathering the necessary supporting documentation and preparing the petition materials can be time consuming. Preparation includes assembling background and education documents, drafting and signing letters and forms, and submitting a Labor Condition Application with the Department of Labor for certification. Early preparation is therefore essential.
Evaluating Employees Working Pursuant to Optional Practical Training ("OPT")
Please consider all F-1 students hired by your company or organization who are working pursuant to OPT. It is critical to evaluate whether to pursue an H-1B visa even if the employee currently has employment authorization. Failure to file their H-1B petition this filing season could result in a lapse of employment authorization.
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