How Early Should You Start Preparing an H-1B Visa Application?
Every April 1st, the USCIS begin accepting petitions from U.S. employers who are looking to sponsor a foreign employee for an H-1B visa. With only 65,000 visas available (plus an additional 20,000 for beneficiaries with U.S. master's degrees), the quota will likely be filled within the first 5 business days after April 1st. That means employers must be sure to have the petition finalized and ready for submission on March 30th. So how early should an employer start preparing for an H-1B submission? In my experience, I always tell my clients to start the process as early as January or February. It often takes time to make sure that all H-1B criteria are met:
- Is the position considered a specialized occupation?
- Does the employee have the requisite degree?
- Will the employer be able to pay the prevailing wage?