Weinstock Immigration Lawyers Urges Businesses Seeking To Hire Professional Foreign Nationals To Begin The H-1B Visa Process Immediately

Top Quote Applications Are Submitted on April 1, 2016 and Quota Is Reached Within Days. End Quote
  • (1888PressRelease) February 09, 2016 - Weinstock Immigration Lawyers announce that now is the time for businesses to prepare H-1B applications that are hiring professional foreign employees to temporarily work in the United States to meet the April 1, 2016 application date. The H-1B visa is a popular choice for companies that plan to hire a foreign national to fill a professional position requiring a minimum of a bachelor's degree in a specific field of specialty. Candidates for H-1B status include current employees in student status (F-1 or J-1), potential new hires, or employees directly coming from abroad. Congress has placed a numerical cap on the number of H-1B visas that are issued annually that results in the quota issued being reached as soon as the government accepts applications. For Fiscal Year 2017 (which begins October 1, 2016), the limit is 65,000 cap-subject H-1B visas, with an additional 20,000 visas available for individuals who have earned a master's degree or higher from an accredited U.S. educational institution. Weinstock Immigration Lawyers recommends companies that are seeking to apply for the H-1B visa begin the application process now in order to be able to submit the application on April 1st as the quota will be filled in the first week of April.

    "April 1st may seem like a long time away, yet for companies seeking to hire professional employees, the clock is ticking fast," said Karen Weinstock, Managing Attorney at Weinstock Immigration Lawyers. "Employers know that the H-1B process is both intricate and time-consuming and requires the assistance of an experienced visa attorney.

    "Many companies wait in starting their H-1B application process to March rather than start the process in January or February," continued Weinstock. "Delay is a mistake since it does not allow sufficient planning time. Congress has not increased the number of qualified professionals allowed in the United States via the H-1B process in years, meaning the quota is reached as soon as the government opens up the quota April 1st. As a result, many companies that delay, miss out in being able to bring in the foreign professionals they need. The legal immigration crisis is constricted in this way and that is why applying on the first week of April 1 is essential."

    It is important to finalize preparation for H-1B petitions well before April 1st so that a complete petition can be submitted to USCIS on time. Each petition requires a certification by the Department of Labor of a Labor Condition Application. The demand for H-1B visas will far exceed the numbers available. For the past several years, USCIS has conducted a random lottery of all cap-subject H-B petitions filed the first few days of April. Therefore, even if an employer files a complete H-1B petition for an employee on April 1, 2016 there is no guarantee of the visa being issued.

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