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 1st
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 1st. 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.
