H-1B Visa Filing Period Fast Approaching

by Ronald Shapiro
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The 2015 H-1B visa application period is fast approaching and applicants are reminded to act quickly so that a petition can be submitting in a timely manner. It is highly recommended that applicants submit the H-1B visa application on April 1, 2014 since the cap is expected to be reached quickly. Chicago immigration lawyers at the Shapiro Law Group stand ready to assist with the H-1B visa application process so that you can submit your petition in a timely fashion.

Act Quickly to Meet H-1B Visa Quota

H-1B visa petition filings open on April 1, 2014 and the H-1B visa cap is expected to be reached rather quickly, as it has been in recent years. AUAP Credential Evaluation Service estimates that the 2015 H-1B quota will be reached by April 1, 2014. Accordingly, we strongly recommend that you send your H-1B petition visa overnight mail on March 31, 2014 so that it can be received on April 1, 2014, since the cap will likely to be reached quickly due to the higher volume of early H-1B visa filings. Applicants and their employers are strongly advised to prepare the H1-B visa application as soon as possible in order to ensure that it can be mailed on March 31, 2014 for receipt on April 1, 2014. H-1B visa petitions received prior to April 1, 2014 will be disregarded; petitions received after April 1, 2014 will be placed in the lottery unless the petition is exempt from the quote limits.

H-1B Visa Eligibility Requirements

The H-1B non-immigrant visa is available to foreign workers who are employed by U.S. companies in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers. In order to qualify for an H-1B visa, the employee must meet the following requirements:

  • The applicant’s job position requires a bachelor’s or higher degree;
  • The applicant possesses at least a bachelor’s degree or its U.S. equivalent, or  a combination of education and marketing experience equivalent to a U.S. bachelor’s or higher degree; and
  • The wage offered to the applicant is at least the prevailing wage, or the actual wage paid to other marketing professionals similarly employed, whichever is higher.

H-1B Visa Lottery

Last year – for the FY 2014 H-1B visa program – USCIS received nearly 124,000 H-1B petitions during the first week of April, and subsequently established a lottery to determine which petitions would be accepted for processing. Petitions that were not accepted in the lottery were returned to the applicant. Again this year, USCIS plans to conduct a lottery if the quota limit is met rather quickly. Accordingly, it is highly recommended that employers submit their petitions for receipt on April 1, 2014.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ronald Shapiro | Attorney Advertising

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