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H-1B Visa Alert

H-1B Visa Alert

Courtesy of Murali Bashyam

We'd like to remind our clients of the fast approaching April 1, 2014 filing date for new H-1B visa petitions for Fiscal Year 2015. It is anticipated that demand for H-1B visas will be very strong this year, with the H-1B cap potentially being reached within the first week. When the USCIS releases its guidance for filing cap-subject H-1B petitions on April 1, 2014 for an Oct. 1, 2014 start date, we will post it on our website at www.bashyamspiro.com.

Employers who plan to file an H-1B petition on behalf of a foreign worker for FY 2015 should do so on April 1, 2014 to ensure that the petition is received before the statutory cap is reached for FY 2015.  Petitions filed on behalf of current H-1B workers who have already been counted against a previous year's cap do not count towards it again.  Accordingly, even after the cap is reached, USCIS will continue to process H-1B petitions filed to:

  • extend the amount of time a current H-1B worker may remain in the United States;
  • change the terms of employment for current H-1B workers;
  • allow current H-1B workers to change employers; or
  • allow current H-1B workers to work concurrently in a second H-1B position.
  • H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated/related nonprofit entities, or a nonprofit research organization, or a government research organization, are not subject to this numerical cap either.

We strongly advise clients and interested parties to finalize their H-1B petition decisions as soon as possible. Every case requires the certification of a Labor Condition Application (LCA), which could take up to seven (7) days by the Department of Labor (DOL). In addition, companies that have never filed an H-1B petition before must get their FEIN verified by the DOL prior to filing an LCA, which could take an additional five (5) days. Therefore, it is imperative to start the process early to ensure an April 1st filing of your H-1B petition.

Please contact us at 919-833-0840 or info@bashyamspiro.com for additional information regarding the H-1B visa program, or if you'd like to begin the H-1B process for a potential employee.