Prepare Now for April 1, 2012 H-1B Visa Petition Filing
March 2nd, 2012 by SRW Lawyers
The H-1B visa program enables individuals to obtain temporary employment authorization in the U.S. to work in a “specialty occupation.” A specialty occupation is one that requires a bachelor’s degree in a specialty field and may include engineering, architectural, and accounting positions.
While one of the most popular means of obtaining employment authorization in the U.S., Congress limits the number of H-1B visas issued each fiscal year to 65,000 (the “H-1B cap”). USCIS will accept H-1B visa petitions for this fiscal year starting on April 1, 2012. These petitions would not have employment start dates until October 1, 2012. In the past, the number of available H-1B visas was exhausted on or shortly after April 1st. Last year numbers remained available until November 2011. Once the H-1B cap is reached, the next opportunity to file a cap-subject H-1B petition will be April 1, 2013.
There are several preliminary steps that must be completed before the filing of an H-1B petition (e.g. obtaining a U.S. bachelor’s degree equivalency, and filing a Labor Condition Application with the Department of Labor). In order to beat the potential rush for the limited number of H-1B visa numbers available this year, prospective H-1B employers and workers should make preparations for filing their H-1B petition now.
Employers or individuals interested in filing an H-1B petition this year should contact an attorney as soon as possible to begin the necessary preliminary preparations. Contact our office to learn more about the H-1B process and for more information.
