Are you in the process of petitioning your employees’ H-1B visas? Don’t forget that you have up to June 30, 2023, to file those petitions. After this date, the US Citizenship and Immigration Services (USCIS) will evaluate if they’ve reached their annual limit of 85,000 registrations. If the cap hasn’t been met, a second lottery may be organized for the H-1B registration. Talk to an H1B attorney in New York for more information.
Implications for you
If your company employs temporary foreign professionals with exceptional skills and knowledge, the H-1B visa program will be beneficial. It allows US companies to hire employees for roles requiring specialized knowledge in practical and theoretical aspects. Furthermore, it enables you to recruit individuals with a bachelor’s degree or higher in a specialized field or equivalent. This visa is particularly suitable for the following areas:
- Engineering
- Architecture
- Physical sciences
- Mathematics
- Medicine and Health
- Social Sciences
- The arts
- Law
- Accounting
- Theology
- Business Specialties
- Education
Understanding the cap
The USCIS determines whether to impose a cap on the petitions using the electronic registration process and the information submitted by applicants. Generally, the annual quota is 65,000 as set by Congress. Not every H-1B nonimmigrant visa falls under this cap, though, as up to 6,800 visas can be allocated for the H-1B1 program to comply with the US-Singapore and US-Chile free trade agreements. Any unused visas from this allocation are carried forward to the next fiscal year’s H-1B petitions.
Should you file your petitions now?
You should aim to file the H-1B petition six months before your employee’s proposed start date. If you’re unsure, always refer to the specific filing location and period on the H-1B Registration Selection Notice.
Guidelines for filing petitions
To enhance your chances of approval, remember to:
- Fill out all required sections on Form I-129, Petition for a Nonimmigrant Worker.
- Set the start date as October 1 or later, provided it falls within the applicable fiscal year and is not more than six months from the date you received the petition.
- Provide a copy of your H-1B Registration Selection Notice on behalf of the beneficiary, including the prospective employee’s Beneficiary Confirmation Number.
- Ensure that the information provided during the electronic registration process matches the details on the petition.
- Ensure all forms are correctly signed.
- Pay all required fees.
- Check that the Labor Condition Application (LCA) corresponds to the position in the petition.
Need assistance with your H-1B petition?
For experienced help with your H-1B petition, consult with an H1B attorney in New York at Berd & Klauss, PLLC. This full-service law firm can help you understand and navigate the immigration system, simplifying the process of hiring foreign workers. Contact an H1B attorney in New Yorkat 212-461-7152 for a free consultation.
About the Author:
This content is written by Patrick Klauss, Esq, an immigration lawyer and a partner at Berd & Klauss, PLLC. The firm specializes in immigration & immigration-related issues and handles everything from immigrant visas to deportation and waivers.
