Sunday, March 15, 2015

Time to file for H-1B visa

The H-1B work visa for Professionals is a non-immigrant visa that may be used to bring a worker temporarily to the United States if the employee will work in a “specialty occupation” or a professional position.

H-1B nonimmigrant visa petitions for FY2016 (October 1, 2015 through September 30, 2016) may be filed starting April 1, 2015. For FY2015, USCIS received approximately 172,500 cap- subject petitions during the first five business days beginning April 1, 2014. It is anticipated that the volume of H cap petitions for FY2016 will be as high, if not higher and will far exceed the annual quota of 65,000 “regular” cap petitions and 20,000 advanced degree cap petitions. Therefore, it is very likely that petitions received from April 1 to April 7 (the first five business days of April) will be considered in the H-1B “lottery.”
  • Petition start date must be October 1, 2015 because petition may not be filed  or approved earlier than 6 months before the date  of actual need for  beneficiary’s services.
    Labor certification should be obtained in advanced and title, salary, worksite location on I-129 should match infirmation on LCA.

    Do not forget to provide a copleye copy of the forms and supporting documents. 

    Dependants should file I-539 form with request dates matching the I-129 petition and should include visa status and relationship documents (marriage and/or birth certificates)

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