April 1 through 7, 2016 is the deadline for new H-1B petitions to be filed under the USCIS H-1B quota.
We recommend that employers review upcoming hiring needs and determine as soon as possible if the company needs to file any new H-1B petitions under the FY2017 quota (for start dates on or after October 1, 2016). The quota provides for 65,000 H-1B visas and 20,000 additional H-1B visas for individuals who have a master's degree (or higher) from a U.S. university.
In your review, please consider the following:
- Determine whether the company employs any foreign nationals who will need to change to H-1B status. Examples: F-1 and J-1 students, TN NAFTA professionals, L-1B specialized knowledge transferees, E-3 Australian specialty occupation professionals, and individuals with EADs.
- Determine if there are any individuals the company wishes to employ beginning October 1, 2016 (or later) who require a new H-1B petition. Example: recruiting someone outside the United States who would require an H-1B visa to work for the company.
Please contact our office if your company is considering filing a new H-1B petition. We would like to collect all necessary information in January/February to allow sufficient preparation time to meet the April 1-7 filing deadline.
We hope to see you on January 29, 2016 at the breakfast seminar we are hosting to discuss H-1Bs, the quota, and related processes and issues. If you are interested in attending and did not receive a separate invitation, please email tonkontorpevent@tonkon.com.
This client update is prepared for the general information of our clients and friends. It should not be regarded as legal advice. If you have any questions regarding this update, or for more information about this topic, please contact any of the attorneys listed above, or the attorney with whom you normally consult.
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