Is Your Human Resources Department Ready for the 2018 H-1B Professional Visa Lottery?

February 16, 2018

On April 1st, 2018, United States Citizenship and Immigration Services (USCIS) will begin accepting cap-subject H-1B petitions for professional workers starting employment on October 1st, 2018.

In past years, the high demand for this much sought after visa has resulted in an oversubscription of petition filings due to the limited number of visas available.

There are only 65,000 visas available per fiscal year, with an additional 20,000 set aside for those who have graduated from master’s degree programs in the United States.

H-1B visas are the most common temporary work visas available to foreign national professionals. Employers should identify individuals who might require first time H-1B sponsorship. These include:

• F-1 students currently working on OPT who require changes of status to H-1B;
• Highly sought after professionals currently located outside the United States seeking employment for the first time;
• Foreign nationals inside the United States currently holding other nonimmigrant status that will max out (i.e. L-1A or L-1B visas);
• Foreign nationals currently working in the United States in H-1B status working for a cap-exempt organization (not for profit or educational institution) who require a cap-subject H-1B to work for a private, for profit company; and
• TN NAFTA visa holders from Canada or Mexico who have spent much time in the United States and would benefit from a change of status to H-1B.
We anticipate that for this coming year, the H-1B cap will be reached the first week of April 2018.
If you are considering sponsorship of a foreign national for an H-1B visa this year, advance preparation is crucial to be ready and prepared for the filing period.

A careful review of both the applicant’s qualifications and position offered by the U.S. petitioning company is important to assure that the H-1B filing is approved by U.S. Citizenship Services.

Please feel free to contact the immigration and nationality lawyers at the NPZ Law Group to obtain an H-1B overview and checklists of information needed from the H-1B employer and the prospective H-1B employee. You can e-mail to us at [email protected] for this information. You can also visit NPZ’s H-1B page at H-1B Information Page

Written by: David H. Nachman, Esq.
Managing Attorney, NPZ Law Group

David H. Nachman, Esq. is one of the Managing Attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers.

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