H-1B SEASON IS NOW!

In order to provide you the best service possible we ask that you consider your H-1B needs at this time. Please, consider your U.S. employment authorization needs for employees on F-1 (student practical trainees), employees working for you outside the U.S., or contractors who service your needs from abroad, résumés of persons who are currently going through the hiring process, and persons who were not able to make it under last year's H-1B cap.

The H1B visa is the most often employer sponsored U.S. employment authorization for foreign workers and recent foreign student graduates. Below is some information about the H1B process. The application process is in 4 steps and the documentation of the employment offered and the qualifications of the employee can be demanding. But no worries we make it easy for you.

H1B Cap

Starting on April 1, 2015, employers may file new H1B petitions for employees and candidates. The H1B employment visa for professional positions requiring a Bachelor's degree is limited to 65,000 new visa applications per year, called the H1B cap. Professional positions for persons with a US Master's degree have an additional 20,000, H1B visa cap. The soonest an employer may file a cap subject H1B petition in any given year is April 1, for an October 1, start date. You must begin the H1B petition preparation process in March for the coming April 1 filing. Last year the H1B cap was reached April 1st. You might find out more about the H1B visa on our website. H Working Visas

Last year, all 65,000 or so numbers were used on the first day of April (employers were allowed four more days to get their petitions in). Since more petitions were filed than numbers were available, there was a lottery. Approximately, 25% of the employers who had diligently prepared and filed H-1B petitions had their petitions returned. We had hoped that Congress would have taken note of this horrible situation (that is, preparing and filing and then having to keep fingers crossed!) and would have revised the law by now, allowing more H-1B petitions to be accepted and approved. This has not happened. We did ask numerous employers to write letters to their congressmen, however, those letters have not been availing. There is no way of knowing how many petitions will be filed this time around, however, in light of the strengthening economy (at least in Silicon Valley and Northern California), I anticipate that even more petitions may be filed this year than last year.

We are requesting our clients to evaluate their needs for H-1Bs and notify us as soon as possible. Please do not wait to the last minute. Of course, in order to file an H-1B petition, the specific employee must be identified. The petitions cannot be filed, with a name to be entered at a later date.

We are assuming that we will have until April 7 th to file, however that is a gamble. Because it is an "iffy" gamble, we are basing our calendar on April 1 st being the "must file" date . Because we will need at least five working days in order to prepare and obtain a Labor Condition Application (LCA) before we can file the H-1B petition, the last day that we will be able to accept new H-1B petitions will be March 24 th. (Please understand that toward April 1 st, the Department of Labor gets extremely busy and that may cause the timeframe for an approved LCA to get even longer!)

As you know, our normal basic fee for an H-1B petition is $2,500. However, for cases received after March 17 th we will have to raise that fee to $3,500 and any cases receive the last few days, March 24 th or after, our fee will be raised to $4,500. Please remember that any cases we accept after March 30 th, you acknowledge there may not be enough time for DOL to process the LCA. Of course, the government filing fees which range from approximately $2,500-$3,700+ are additional.

The escalating fees are necessary to pay additional expedite costs of overtime, overhead, employment of temporary hires, etc. incurred as we rush to file for you. Of course, we are here to meet your needs.

Please do not hesitate to contact us should you have any questions. You may email me directly or contact me by telephone at (408) 998-1159, (415) 392-3300, or (650) 588 7100.