Monday, December 3, 2012

H-1B: When Should Employers Start Thinking About the Cap?

 







December 3, 2012

There are 65,000 H-1B visas (and an additional 20,000 visas for individuals with advanced degree) available each federal fiscal year.  With the federal fiscal year starting October 1 of each year, employers may begin filing H-1B petitions as soon as 6 months prior to the start date, around April 1 of each year.  With that being said, it takes a couple of months to complete the preliminary H-1B process with the U.S. Department of Labor, specifically the filing of the Labor Condition Application and determining the appropriate prevailing wage.  

At TBLO, we recommend starting the H-1B conversation early on (the beginning of the year) to ensure that the petition packet is ready to be filed when the annual cap opens.  If this year was any indication of what to expect, the H-1B numbers will not hold up for very long but a few weeks.  Advice to the H-1B employers:  be well prepared and get the process started early! 

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