Prepare for the H-1B Cap Season: Five Things Employers Need to Know
Author: Angelita Chavez
Thinking of filing an H-1B petition for your employee? The H-1B non-immigrant visa allows US employers to employ skilled professionals to work in the United States on a temporary basis. Each fiscal year, Congress allocates 65,000 visas under the regular Bachelor’s cap, plus 20,000 for individuals holding a US Masters.
To qualify for the H-1B program, your H-1B candidate must meet the following criteria:
Will work in an occupation that requires theoretical and practical application of a body of highly specialized knowledge; and
Has a bachelor’s degree, or its US equivalent, in a specific specialty related to the proposed H-1B occupation.
The United States Citizenship and Immigration Services (USCIS) uses an electronic registration system to accept candidates in the annual H-1B Cap Lottery. Here are five things H-1B employers need to know:
The electronic registration period opens for 20 days in the month of March. The first round of Selection Notices are generally issued by April 1 of each fiscal year. An experienced immigration attorney can assist in reviewing candidates and submitting these for consideration in cap lottery.
Foreign education credentials should meet the US equivalency requirement of at least a Bachelor’s degree.
If selected, an employer must submit the H-1B petition for their candidate within the filing window indicated in the Selection Notice. Filing outside of this period will cause your case to be rejected.
Material changes to an H-1B employment requirement an amendment to be filed with USCIS prior to the change taking place.
Cap-exempt employers do not have to submit candidates to the lottery. These include certain non-profits, universities, and institutions affiliated with an accredited institution of higher education.
Conclusion:
Now is the time to start planning for H-1B Quota Season. Talk to an experienced immigration attorney to discuss your H-1B visa options. H-1B questions? Call us at 541-357-8381 or see here for our availability.
DISCLAIMER: This Blog content is not a substitute for legal counsel and does not form an attorney-client relationship. Our “Immigration Moment” articles are purely for information purposes and do not constitute legal advice.