Time to Prepare H-1B Petitions

Sherman & Howard L.L.C.
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Sherman & Howard L.L.C.

To seek H-1B “professional” work authorization for foreign recruits during 2018 employers should start now to get their preliminary Labor Condition Applications filed with the U.S. Department of Labor.  Preparations must then be made for sending in Form I-129, “Petition for a Nonimmigrant Worker,” for each professional on March 30, 2018 to the U.S. Citizenship and Immigration Services.

On April 1, 2018 the limited annual H-1B quota becomes available once again.  Employers seeking the H-1B status for a foreign professional can compete for the limited 3-year work authorization approvals that will be effective October 1, 2018.  Only colleges, universities, and research institutions are exempt from the limited annual quota and need not be concerned about the timing of filing an H-1B petition.

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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