Tick Tock: The H-1B Visa Clock Is Ticking

by Polsinelli
Contact

The H-1B is the main visa used by U.S. employers to hire highly skilled, professional, foreign workers. Each year on October 1, approximately 65,000 H-1Bs are made available (with an additional 20,000 for foreign nationals with masters degrees or higher from a U.S. university), and once these visas are allocated, the H-1B window is closed until the following year. In 2013, all of the available H-1Bs were snapped up by employers during the first week of the filing period! In fact, employers filed applications for twice the available number of H-1Bs, leading to an H-1B lottery. Because even greater demand for H-1Bs exists in 2014, we suggest employers begin planning now for the coming H-1B filing season.

The Time Is Now

Employers are allowed to file H-1B applications starting six months prior to the start of the new H-1B year. This means the filing season for the next round of H-1Bs begins on April 1, 2014, and we predict all of the H-1Bs will be spoken for by April 4. Based on the extremely limited nature of the H-1B filing window, employers are advised to begin laying the groundwork now to maximize the opportunity to obtain one of the highly coveted H-1B slots.

Certain employers are exempt from the H-1B cap, including institutions of higher education, nonprofit organizations related to or affiliated with an institution of higher education, and nonprofit or governmental research organizations. There is no yearly limitation for non-exempt H-1Bs. In addition, the H-1B cap does not apply to foreign workers who have been granted H-1B status in the past six years and have already been counted against the cap. Employers are free to file for H-1Bs at any time for cap-exempt employees, which can be an attractive recruiting and staffing option for employers to consider.

Some H-1B Basics

A common misconception is that the H-1B is just for high-tech workers. While it is true that many technology employers employ foreign workers on H-1B visas, the H-1B is also available for positions in health care, engineering, business, and manufacturing among other industries. Generally, positions which require at least a bachelor's degree in a specialized area are suitable for H-1B sponsorship. As part of sponsoring an employee or potential employee for H-1B status, an employer must agree to certain conditions. Some of these conditions include:

  • The employer must offer the foreign worker the same employment benefits and working conditions as offered to other US employee;
  • The foreign worker must be paid a salary that is no less than earned by similarly situated US employees;
  • The employer cannot materially change the terms or conditions of an H-1B worker's employment without notifying U.S. Citizenship and Immigration Services.

The H-1B provides long-term work authorization to the foreign employee. An initial grant of H-1B status can be valid for up to three years, and the employer may extend the H-1B for an additional three year term. The H1-B can be an excellent way for employers to retain key talent for a lengthy period of time.

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.

© Polsinelli | Attorney Advertising

Written by:

Polsinelli
Contact
more
less

Polsinelli on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!