H-1B Season (What You Need to Know)

H-1B season is upon us, and it’s that time of the year when employers looking to hire a foreign national should consider contacting an immigration attorney to begin the application. 

Last year’s cap season began on April 1, 2013 and was met only days later on April 5.  USCIS received nearly 125,000 applications, of which there were only 65,000 spots under the general H-1B category, and 20,000 under the advanced degree exemption.

What do these numbers mean for employers?  If you want to ensure the best opportunity for your employee to receive an H-1B visa, your attorney must file the application with USCIS on the first of April.

It’s important to start the process early (no later than mid February) to allow yourself adequate time for the application.  The process may be best broken down into three stages.  The first stage is to submit a Labor Conditions Application (LCA) to the Department of Labor.  Following the LCA you begin the process of gathering all the required documentation and supporting evidence.  Finally, the proper form(s), along with the relevant evidence are sent to USCIS in a filing package.

As the number of applicants in the past far exceed the number of available visas, it’s extremely crucial that the filing package is in order, and all evidence accounted for.  If your application is incomplete it will be returned, and your priority date will be lost. 


For more information on the H-1B Visa application, please feel free to contact our office.

The Information contained in this blog is for information purposes only, and should not be considered legal advice for any individual case or situation.  The information provided is not a substitute for consultation with an attorney.  No attorney/client relationship is created by the information contained herein.

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