August 12, 2020

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August 12, 2020

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August 11, 2020

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August 10, 2020

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Employers Must Plan Now to Obtain H-1B Visas

Expected high demand for H-1B visas should have businesses working on their strategies to obtain needed visas. Last year, the Fiscal Year 2014 quota of H-1B visa petitions was met within the first week in which petitions were accepted, on April 5, 2013. Demand exceeded the available number of visas by nearly one-and-one-half times and a regulated lottery was held to determine which applications would be accepted. Demand is expected to be even higher this year. To ensure that H-1B petitions have a chance to be considered for FY2015, they should be filed by the first day of the season, April 1, 2014. 

U.S. businesses use the H-1B program to employ foreign workers in occupations that require theoretical or technical expertise in specialized fields, including scientists, engineers, and computer programmers. The H-1B visa category is essential to many businesses wishing to employ foreign nationals in these professional positions. 

Each year, the government makes available 65,000 new H-1B visas (this limit is commonly referred to as the “H-1B cap”) for individuals who have not recently or ever previously held H-1B status. These may include students in F-1 status who are completing Optional Practical Training (OPT), Canadian or Mexican professionals in TN (nonimmigrant NAFTA) status, employees transferring for a short time from an affiliated company abroad in L status, and the like. It is especially important for employers of F-1 students to obtain the H-1B in a timely fashion. In addition to the 65,000 “regular” H-1B visa numbers made available each year, an additional 20,000 H-1B numbers are set aside for individuals who have obtained a Master’s degree or higher from a U.S. institution. Cases approved under the H-1B cap will have a start date of October 1, 2014, the first date of FY2015. 

Jackson Lewis P.C. © 2020National Law Review, Volume IV, Number 28


About this Author

Sean G. Hanagan, Jackson Lewis, business immigration lawyer, employment eligibility verification attorney

Sean G. Hanagan is a Principal in the White Plains, New York, office of Jackson Lewis P.C.

Working with human resources professionals and in-house counsel, he helps employers develop business solutions and policies for the hire and movement of international staff. Mr. Hanagan advises on I-9 employment eligibility verification, E-Verify and social security issues, and on best practices to avoid hiring-related discrimination. He defends companies subject to government audits and investigations, and guides employers through...

William J. Manning, Jackson Lewis, Employment Immigration Lawyer, Visa Strategies Attorney

William J. Manning is a Principal in the White Plains, New York, office of Jackson Lewis P.C. He has been advising both U.S. and foreign employers with regard to immigration matters since 1986. Mr. Manning established the Jackson Lewis Immigration practice in 1998.

Mr. Manning’s practice covers all aspects of employment-based immigration into the United States. He works closely with employers to structure their immigration programs and develop long-term visa strategies for key employees. He has extensive experience in obtaining non-immigrant work visas and employment-based immigrant visas for management, professional and specialized skill employees. He frequently participates in seminars and training programs addressing immigration issues.

Minnie Fu, Jackson Lewis, Immigration Litigation Lawyer, Employment VISA Applications attorney

Minnie Fu is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. Her practice focuses on assisting employers in obtaining employment-related visas and advising employers on compliance with U.S. immigration laws and regulations.

Ms. Fu has twenty years of experience in employment-based immigration matters, including nonimmigrant and immigrant visa matters, developing corporate immigration policies and procedures for best practices, and strategic corporate planning for international personnel employment by...