ComplyRightComplyRightComplyRightComplyRight
  • WEBINARS
    • Upcoming
    • On Demand
  • TOPICS
    • I want to learn about:
      • Hiring an Employee
      • Creating Policies
      • Paying Employees
      • Discrimination & Harassment
    • Column 2
      • Employment Law
      • Labor Law Postings
      • Employee Leave
      • Employee Recordkeeping
    • Category 3
      • Independent Contractors
      • Tax Reporting
      • Improving Employee Performance
      • Firing an Employee
    • Seven Reasons Why Employee Performance Reviews Still Matter in a Remote Work World

      Employee Performance Reviews
      Read More
  • SOLUTIONS
    • Employee Management
      • Hiring
      • Time and Attendance
      • Training and Safety
      • Recordkeeping
      • Employee Policies
    • Labor Law Posters
      • Poster Guard® Service
      • ComplyRight Posters
      • Electronic Posters
      • Employee Handouts
      • Partner Solutions
    • Tax Information Reporting
      • DIY Filing Solutions
      • Processing Services
      • Partner Solutions
    • NEW! Secure Document Print and Mail Services
    • Featured Solution

      Poster Guard Compliance Protection
      Learn More
  • ABOUT
    • Who is ComplyRight
      • Mission
      • Core Values
      • Leaders
      • Contact
    • Careers
      • Culture
      • Benefits and Perks
    • Brands
      • HRdirect
      • HRdirect Smart Apps
      • Poster Guard
      • eFile4Biz
    • Join Our Team

      Join Our Team
      Learn More
  • SUBSCRIBE

​Get a Head Start on Next Year’s H-1B Visas

Published on August 17, 2015
  • Hiring
  • Immigration

Every year, the U.S. Citizenship and Immigration Services (USCIS) accepts a limited number of applications for H-1B visas – the temporary visa that allows U.S. employers to hire foreign workers in specialty high-tech, medical and managerial positions, such as scientists, engineers and computer programmers. As the economy picks up, especially in these affected industries, the demand for H-1B visas often exceeds supply.

The available slots for H-1B visas is currently capped at 65,000 for foreign workers with bachelor’s degrees and 20,000 for workers holding master’s degrees or higher. If the cap is exceeded during the five-day filing period after April 1, the USCIS uses a computer-generated, random selection process known as a “lottery” to select the appropriate number of petitions. (The 20,000 advanced degree holders are chosen first; after that, those not selected are made part of the 65,000 “general” lottery pool.) As a point of reference, the USCIS obtained almost 124,000 applications for visas in the first five business days in April in 2013.

Due to growing demand for H-1B visas and how quickly the quota is exhausted, it’s essential that you’re prepared. This year’s filing period has passed, but the following guidelines will help ensure you’re fully prepared for the next H-1B visa season:

  • Know y​our deadlines – H-1B petitions should be ready for filing no later than April 1 if you’re looking to secure employment for a foreign worker by October 1 that same year. Any applications filed after the USCIS reaches its quota will be returned and cannot be re-filed until the following year.
  • Get an LCA approved from the DOL – Before you can file an H-1B visa petition with the USCIS, you must submit a Labor Condition Application (LCA) to the Department of Labor (DOL). Certification from the DOL attests you’ll pay the prevailing wage for the position and work location, based on the wage database. To be on the safe side, you should take care of this in early March – well in advance of the early April filing period for H-1B visas.
  • Obtain a credentials evaluation, if necessary – Something else to consider: If the foreign worker earned a degree outside the U.S., you’ll need to secure a third-party educational evaluation stating the degree is equal to one awarded by an accredited U.S. institution.
  • Be accurate and thorough – Double check for typos on the application, provide all support documentation and pay the correct fees to the federal government via a signed check or money order. (If your application is rejected, you’ll be refunded the filing fees.)
  • Manage your expectations – For accepted petitions, expect a processing time of three to five months, or 15 calendar days if you paid the expedited fee. Upon approval, the USCIS will issue an I-797 Approval Notice, which authorizes the employee to begin work immediately.
  • Know the exceptions – An individual may hold H-1B status for a maximum of six years, with the classification issued in increments of up to three years by the USCIS. Employers filing extensions for current H-1B employees – or applying for changes in the worker’s terms of employment – are not subject to the annual cap.
  • Prepare for rejection – A denied application means that you cannot employ the non-U.S. citizen that year. Due to the 30 to 50 percent rejection rate with H-1B visas, it’s smart to explore other temporary visas a prospective employee may be eligible for.

​

SA I-9 and W-4 | Hiring

HRdirect SmartApps I-9 and W-4

Related Content

  • play-button
    Intentional or Accidental: Hiring Discrimination is Illegal – Here’s How to Prevent It
    January 2022

    The U.S. is facing a labor shortage, and finding qualified candidates is increasingly difficult. With more managers thrown into the … Read more

    Hiring

    Discrimination

  • Trending Hiring Lawsplay-button
    New Rules and Regulations: How to Comply with Trending Hiring Laws
    March 2021

    Hiring can be difficult enough just trying to find the perfect candidate. Add in the numerous employment laws that come … Read more

    Hiring

  • From Hiring to Team-Building: How to Maximize a Diverse, Multigenerational Workforce
    From Hiring to Team-Building: How to Maximize a Diverse, Multigenerational Workforce
    August 5, 2019

    A unique dynamic is emerging across workplaces across the U.S. For the first time ever, many businesses now include a … Read more

    Hiring

    Discrimination

  • play-button
    The State of Employment Law: How to Comply with Trending Hiring Laws
    April 2019

    The second in our two-part series, this presentation offers valuable insights on the state of employment law today. This time, … Read more

    Hiring

    Ban the Box

    Interviews

  • Don’t Leave Them Hanging: How to Close the Loop with Job Candidates You’re Not Hiring
    Don’t Leave Them Hanging: How to Close the Loop with Job Candidates You’re Not Hiring
    February 21, 2019

    After screening multiple resumes and interviewing a handful of candidates, you’ve narrowed down your next new hire. Reaching out to … Read more

    Hiring

    Interviews

    Job Applications

  • Are You Taking the Right Steps to Accommodate Job Candidates with Disabilities?
    Are You Taking the Right Steps to Accommodate Job Candidates with Disabilities?
    October 18, 2018

    October is National Disability Employment Awareness Month – a time to celebrate the skills, talents and contributions of workers with disabilities, as … Read more

    Hiring

    Job Applications

  • How the Wrong Questions on Your Job Applications Could Get You in Legal Trouble
    April 25, 2018

    You want to hire the best, most qualified applicant for the job. What you DON’T want to do is ask … Read more

    Hiring

    Ban the Box

    Job Applications

  • Hiring Hazards: How to Avoid the 7 Most Common Legal Landminesplay-button
    Hiring Hazards: How to Avoid the 7 Most Common Legal Landmines
    March 2018

    Hiring talented, hard-working employees is a vital part of running a successful business. But it’s not always easy – nor … Read more

    Hiring

    Ban the Box

    Job Applications

Upcoming Webinar

Webinar Name

Date & Time

Presented by:

Learn More
Shop Our Brands 
HRdirect
HRdirect Smart Apps
Poster Guard
Formstax eFile4Biz

At ComplyRight, our mission is to free employers from the burden of tracking and complying with the complex web of federal, state and local employment laws, so they can stay focused on managing and growing their businesses.

©2021 ComplyRight, Inc.

Webinars

  • Upcoming
  • On Demand

Solutions

  • Employee Management
  • Labor Law Posters
  • Tax Information Reporting

About

  • Who is ComplyRight
  • Careers
  • Brands

Legal

  • Privacy Policy
  • Terms of Use

Popular Topics

Performance Policies Discrimination and Harassment Employment Law HiringLabor Law PostingsIndependent Contractors

Subscribe to Our Newsletter

Subscribe

Follow Us

  • RESOURCES
    • Knowledge Center
      • Tip Sheets
      • E-Guides
      • Podcasts
      • Infographics
      • Videos
    • Webinars
      • Upcoming
      • On Demand Webinars
    • Research and Trends
      • Compliance Survey
      • Trend Surveys
      • Minimum Wage Monitor
    • HR 101 Courses
  • TOPICS
    • Hiring an Employee
    • Creating Policies
    • Paying Employees
    • Discrimination & Harassment
    • Employment Law
    • Labor Law Postings
    • Employee Leave
    • Employee Recordkeeping
    • Independent Contractors
    • Tax Reporting
    • Improving Employee Performance
    • Firing an Employee
  • SOLUTIONS
    • Employee Management
      • Hiring
      • Time and Attendance
      • Training and Safety
      • Recordkeeping
      • Employee Policies
    • Labor Law Posters
      • ComplyRight Posters
      • Poster Guard®
      • Partner Solutions
    • Tax Information Reporting
      • DIY Filling Solutions
      • Processing Services
      • Partner Solutions
  • ABOUT
    • Who is ComplyRight
    • Newsroom
    • Careers
    • Brands
    • Contact Us
  • SUBSCRIBE
ComplyRight