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Hiring Foreign Nationals: The H1B Visa Gamble

H1B filing season is drawing near. Fiscal year 2020 applications for work to commence on October 1, 2019, must be filed on April 1, 2019. Because there are several steps and extensive preparation that go into an H1B filing, we recommend getting started in the next few weeks, ideally no later than March 1. USCIS has implemented a lottery system of sorts to pick which applications are selected for processing. There’s an annual cap of 85,000 visas available each year, and for the past six years the cap has been exceeded threefold on the first day applications can even be filed. Thus, only one in three applications are selected for processing. The remaining two-thirds are returned; and in the absence of another option for work authorization, the beneficiary-employee will most likely have to depart the US. If you are hiring foreign nationals, now is the time to start preparing for your H1B filings.

© 2019 Jones Walker LLP

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About this Author

Mary Ellen Jordan, Jones Walker, civil rights lawyer, immigration attorney
Special Counsel

Mary Ellen Jordan represents and counsels employers in civil rights, immigration, and other employment-related matters.

504-582-8706
Laurie M. Riley, Jones Walker, civil rights attorney, employment related litigation lawyer
Partner

Laurie Riley defends employers in civil rights and other employment-related litigation, including litigation under federal laws, such as Title VII, the Americans with Disabilities Act, the Family and Medical Leave Act, the Age Discrimination in Employment Act, the Fair Labor Standards Act, and their state law counterparts. She has also represented employers in class action cases involving allegations of institutional discrimination in terms of promotion, discipline, compensation, and termination. Ms. Riley also represents employers involved in administrative proceedings before the EEOC and state agencies.

305-679-5728
Santiago Padilla, Jones Walker Law Firm, Miami, Labor and Employment and Immigration Law Attorney
Partner

Santiago J. Padilla is a partner in the Labor & Employment Practice Group, where he represents clients in a broad range of business immigration-related matters, including the process for obtaining a temporary visa, permanent residency, and US citizenship, as well as appealing adverse decisions from the US Citizenship and Immigration Services, the US Department of State, or other governmental agencies.


With more than a quarter-century of legal...

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