H-1B Visa Season is Here

It’s that time of year again.  H-1B season is upon us.  U.S. companies wishing to hire foreign national employees should be gathering supporting documents and retaining an immigration attorney to file the H-1B Petition on the April 1^st opening.

The H-1B visa allows a U.S. employer to sponsor a foreign national to work on a temporary basis in the United States.  The position to be filled by the employee must be one that is considered a “specialty occupation” by the United States Citizenship and Immigration Services (USCIS).  The minimum education requirement is a degree equivalent to a 4 year U.S. bachelor’s degree.  The employer must also pay the foreign national a fair wage, also known as the prevailing wage – as determined by the U.S. Department of Labor.

While the H-1B visa may seem like a fantastic and inexpensive way to bring over foreign labor, the government places a numerical cap on the number of petitions they adjudicate.  For this reason – it’s important to establish a relationship with an immigration attorney to file a timely petition.

The numerical cap is set at 65,000 visas per fiscal year.  The first 20,000 petitions submitted by candidates with a master’s degree (or higher) are exempt from the cap.  This gives significant advantage to potential employees holding advance degrees above the bachelor level.

Once an employee obtains an H-1B visa they may begin working at their designated job.  Visas may be renewed once expired – but may not be extended beyond six years.  The acceptance for 2015 petitions begins on April 1^st.  Should USCIS receive your petition after that date, there is virtually no chance of getting an approved visa.

To learn more about the H-1B Temporary Worker Visa and how General Counsel, P.C. can assist you, contact our office today.