Just like tax professionals across the country, here at Wilner & O’Reilly we’re getting ready for one of the busiest times of the year – this coming April. The H-1B visa cap will open on April 1, offering 85,000 individuals the chance to work legally in the United States and to pursue permanent residence. We’ve already seen a lot of interest from employers and employees alike seeking to obtain an H-1B.
H-1Bs are not infinite. 65,000 spaces are allotted for individuals with bachelor’s degrees, and another 20,000 are available for master degree holders. Last year, USCIS received approximately 172,500 petitions within the first few days and stopped receiving applications by April 7. Therefore, more than 50% of individuals who applied did not make the cap and their applications were returned by USCIS. Some are predicting that USCIS will receive approximately 200,000 applications this year, meaning that over 100,000 petitions will be returned.
The H-1B visa is a non-immigrant visa for those who are coming to the United States to be employed in a specialty occupation, i.e. an occupation requiring the services of an individual with a bachelor’s degree in the related field. There are currently 85,000 H-1Bs available – 65,000 for bachelor’s degree holders, and 20,000 for master degree holders. Up to 6,800 of these may be set aside for the H1B1 program specifically for citizens of Chile and Singapore.
H-1B visas are valid for three years, and may be renewed for an additional three year period. H-1Bs often lead to permanent residence through the PERM process, and maybe renewed past the six year validity period if the worker has a pending employment-based immigration petition. The H-1B visa is ideal for professionals looking to work in the United States and to obtain permanent residency this way.
H-1B visas are centered around the employer, so an individual may not apply for an H-1B without the support of a US employer. The employer must sign the Labor Condition Application and the USCIS petitions, and must also provide documents regarding their business. They must also agree to pay the worker a specific wage as required by the Department of Labor.
There are many steps involved in filing an H-1B application that must be completed in advance of April 1, and as this date is quickly approaching, NOW is the time to consult an immigration attorney. It is impossible at this point to tell what date USCIS will stop accepting applications, although it is likely that the cap will be closed by April 7 once more. Once this deadline passes, a worker will not be able to file for an H-1B visa until April 1 2016. Nothing can waive this deadline.
We invite employers to contact us should they be interested in petitioning for prospective employees. For employees, we ask that you come to the consultation with your employer so all parties will be educated and fully aware of the process. Consultations are free at our offices in Orange, Riverside, Sacramento, San Francisco and Salt Lake City. The time is now. Start your H-1B case today.
