For employers looking to bring non-US citizens into the United States, an important immigration deadline is around the corner.  Failure to properly plan for and meet this deadline may result in the employer’s inability to bring into the country its planned talent. 

USCIS will accept new H-1B visa filings on April 1 for a start date of Oct 1.   H-1B’s are for college degreed professionals such as software developers, engineers, scientists, and financial analysts.  The annual quota is 85,000 visas and applies to first time H-1B filings, not to extensions with the same company or transfers to other companies.  The demand for H-1B’s is expected to be twice the quota allocation. Congress has not increased the quota for many years.

Employers should check to see if they have a need for such a visa for either a possible new hire or to keep a current foreign national employee work authorized who is on a post-graduation work permit.

Please note that it’s important that before an employer extends a job offer to a foreign national who requires sponsorship, they should consult with counsel to make sure that all immigration eligibility issues are covered such as their immigration history, eligibility for the visa, how much time in H-1B status they will be allowed, and prevailing wage issues.

H-1B’s are good for 3 years and can be extended for an additional 3 years.  They can be extended beyond Year 6 as well if the company has sponsored the individual for permanent residency.