H-1B Filing Season on the Horizon: NPZ’s Quick Glance on the Process for the H-1B Visa Applicants.

The first day a new H-1B case can be filed is Monday, April 1, 2019. The law requires that the government keep the filing window open until Friday, April 5, 2019. As such, it is imperative that all new H-1B cases are filed no earlier than April 1, 2019 and no later than April 5, 2019.

The H-1B visa is the most frequently obtained work permit for corporate employees. It is available to U.S. employers wishing to hire a foreign employee in a specialty occupation.

The law defines a specialty occupation as an occupation that normally requires a minimum of a U.S. bachelor’s degree, or its foreign equivalent, in a field related to the occupation. The government allows for work experience to count as the equivalent of a U.S. bachelor’s degree.

Congress has allocated 65,000 new H-1B visas for foreign workers with at least a bachelor’s degree or its equivalent, plus another 20,000 new H-1B visas for foreign workers with at least a master’s degree from a U.S. university, for a total of 85,000 new H-1B visas. Those 85,000 new H-1B visas do not include individuals who already have H-1B visas and who are either extending their H-1B time or transferring their H-1B to another employer.

In recent years, demand for new H-1B visas in the first five business days of April has exceeded the 85,000 visas available. As such, it is imperative that all new H-1B cases are filed no earlier than April 1, 2019 and no later than April 5, 2019. If more than 85,000 H-1B cases are filed during the first five business days of April, the government conducts a lottery to select the cases it will process to ensure the 85,000 H-1B visas are used, and returns the H-1B cases that are not selected for processing.

The lottery is a two-step process. This year, the government will first select the cases for the 65,000 visas for foreign workers with at least a bachelor’s degree or its equivalent (including those with at least a U.S. earned master’s degree). The government will then select the cases for the additional 20,000 visas reserved for only those foreign workers with at least a master’s degree from a U.S. university.

We are preparing H-1B cases to file at the opening of the filing window on April 1, 2019. Since persons who miss this year’s filing window will have to wait until April 1,2020 (a year later) to file a new H-1B case, it is imperative that all new H-1B cases are filed no earlier than April 1, 2019 and no later than April 5, 2019. Therefore, an individual or company considering an H-1B case should contact our office immediately to begin the process.

One of the most established firms practicing exclusively in the area of immigration law, our firm has successfully helped our clients obtain temporary work permits, green cards, and citizenship for generations. For additional information on obtaining an H-1B visa or information regarding other immigration matters, please contact the undersigned.

For more information about the H-1B non-immigrant visa classification, please feel free to reach out to the U.S. Immigration and Nationality lawyers at NPZ Law Group at info@visaserve.com In the alternative, please visit our website at https://www.visaserve.com or call us at 201-670-0006 (ext. 107).