The H-1B Race Is On

Here we go...the final push to prepare H-1B petitions for filing on April 1, 2016.  In light of last year's record number of H-1B petitions filed on April 1st (over 233,000) and the increased demand by U.S. companies for highly-skilled foreign talent, it is expected that the annual cap of 85,000 H-1B visas will be reached within the first week of April.

Therefore, time is of the essence for employers who intend to sponsor a foreign worker for an H-1B visa.  There are several prerequisite steps that must occur before the H-1B petition can be filed (such as, the Department of Labor's (DOL) certification of a Labor Condition Application, posting notices, corporate registration with DOL), and these steps can take weeks to process.  Therefore, employers should prepare NOW to account for these steps in order to timely submit the H-1B petition on April 1st.  

Failure to file your H-1B petition on April 1st may jeopardize your chance at securing an H-1B visa for your employee.  After the 2016 H-1B quota is exhausted, employers will have to wait until April 1, 2017 to file H-1B petitions again, and foreign employees may lose their lawful status and authorization to work.  The clock is ticking...act now.