Competition for the limited number of H-1B and H-1B1 work visas warrants attention by an experienced and knowledgeable employment immigration attorney. Lawyers at The Shapiro Law Group guide U.S. employers through the process to secure non-immigrant H-1B and H-1B1 work visas for foreign citizens to fill positions requiring a bachelor’s degree, advanced degree or a combination of education and experience that is the academic equivalent of a four year U.S. bachelor’s degree.
In addition to H1B visas, we handle H-B1 work visas for citizens of Singapore and Chile who have a bachelors or higher degree and will be employed in a job which requires a bachelors or higher degree to perform the duties of the sponsored position.
The H-1B non-immigrant visa allows temporary employment in the United States for foreign national students who have graduated from a U.S. school with their bachelors or higher degree or other foreign nationals who do not otherwise have work authorization to enter the U.S. The United States Citizenship and Immigration Services (USCIS) has set the following current cap for H-1B visas.
Approximately 65,000 H-1B visas are available for individuals who for the first time will fill a position requiring at least a bachelor’s degree. Examples of H-1B specialty positions include: financial planner, business analyst, accountant, software engineer, engineer, computer programmer, programming analyst and many other jobs. An additional 20,000 H-1B visas are available for individuals who have a US masters or higher degree.
Individuals presently in the U.S. under H-1B work visa status may begin to immediately work for a new H-1B employer as soon as the USCIS receives an H-1B Visa application that has be submitted on their behalf by a new employer.
April 1st of each year is the earliest date an employer may file a petition requesting H-1B employment on behalf of a prospective employee who has never been classified as an H-1B non-immigrant. The employment start date must be October 1st or later (the start of the U.S. Government’s Fiscal Year). USCIS has now proposed a new system where employers will have to register with USCIS and submit the employee’s H sponsorship electronically to USCIS. If the employee’s electronic H submission is chosen through a lottery process, the employer will then be allowed to submit an actual H-1B application to USCIS on behalf of the employee.
[The H-1B cap does not apply to individuals who already are in H-1B status and who are applying for an extension of their H-1B status.]
Based on the new USCIS H registration process, The Shapiro Law Group recommends that you now begin reviewing your anticipated employment needs as they may relate to the sponsorship of individuals requiring an H-1B work visa. We can assist immediately in assembling the documentation required for H-1B approval, in order to submit electronic lottery applications in a timely manner after the electronic registration filing process opens.
The Shapiro Law Group stands ready to assist American employers in processing or extending H-1B and H visas. You can reach our attorneys online or call us at (847) 564-0712. We will promptly respond to your inquiry and arrange a consultation at your convenience.