International Recruitment – Managing H-1B Visa and The Cap Gap and an OPT Workforce.

As most HR professionals who hire internationally know, the H-1B visa category is one of the most useful nonimmigrant options for individuals who will be employed temporarily in the US. HR professionals are also aware of the annual cap placed on the H-1B visa, and how this cap can close doors to some potential employees. The annual cap of 65,000 Bachelor’s Degree-holding nonimmigrants and 20,000 Master’s Degree- holding nonimmigrants applies to each fiscal year (October 1st to September 30th). This article provides a brief overview of the ever increasing popularity of H-1B visas, how to identify possible H-1B applicants in your workforce, H-1B alternatives, and how to address gaps in authorized employment and mitigate the risks and liabilities to your organization.

The United States has long been the favored destination of immigrants. Effective immigration policies formulated by the U. S. Citizenship and Immigration Service (“USCIS”), formally the INS, has attracted and retained talent of the highest ilk from all over the world. Due to effective immigration policies formulated and implemented by the U.S. government the, United States is still considered to be a land of opportunity and the only country that has all the necessary ingredients to lead the world in times of both financial stability and instability.

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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.

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