On 1st April, the USCIS would start accepting latest H-1B petitions from overseas citizen for filling the specialty job positions. Previously USCIS had received over 85,000 H-1B petitions during initial five working days of the April month. During the initial five days while filing in the year 2015, the USCIS has got around 2,33,000 H-1B petitions.
As the time for filing the latest H-1B petitions is too less, it is important for the employers to begin the process from now onwards.
The initial step is to recognize the prospective H-1B candidates, beginning with the review of the present workforce of the employer. Candidates include overseas students currently graduates and temporary job visa holders that the firm needs to retain on the long term basis.
H-1B candidate should possess a US bachelor degree or overseas degree equal in the field which is associated to the H-1B position. In few cases, job experience might be utilized for meeting the requirement of bachelor degree. Even if the temporary employees has remaining job authorization, it could often take years for a H-1B petition to get selected in yearly lottery system. Applying early could raise the probability for selection and reducing the potential for gaps in the job authorization.
Once the H-1B candidates are selected, second step is to work with immigration counsel for preparing the related documents, that includes a required labor condition application for every H-1B candidate. The employer should post notice that it is looking to hire an H-1B employee at the site of the job. It should attest to working conditions of the H-1B employee and confirm it would pay the needed wage. The US Labour Department takes up seven days fore certifying an application. The employer should plan ahead to get the certification on time for the 1st April filing.
Tips for employers to stay ahead of the H-1B filing:
Specialty jobs need a minimum of Bachelor’s degree or its corresponding in the specific degree field or specialty.
Due to the yearly quota would likely to be reached in the initial week of filing, by rule, there would be five-day filing window that would close on 7th April 2016, and once the window closes, employers would not be able to file latest H-1B petitions until 1st April 2017.
USCIS utilizes random lottery system that is generated by the computer for selecting the 85,000 H-1B petitions. Petitions not selected in the lottery are returned back to the employer with the possibility of filing again next year.
The employers must file H-1B petitions till 31st March 2016 for receipt at the USCIS on 1st April. Not entire H-1B petitions are selected in the lottery would be approved. Therefore, the firms must sough early help from the immigration counsel for preparing the H-1B petitions that meet all the regulatory requirements.