Alternatives to H-1B

Alternatives to H-1B Employers who desire to keep talent in the U.S. must apply for employment authorization for these individuals. One of the most popular employment authorization options is the H-1B visa classification. If an individual does not already have an H-1B visa, his/her employer must file a petition for a new one. Congress limits the number of new H-1B visas to 85,000 a year. While the federal fiscal year does not start until October 1, the rules allow an employer to file as early as six months in advance for an H-1B visa. As a result, April 1 is when employers may file for a new H-1B. The rules also indicate that if, within the first five days of filing, USCIS receives more than the 85,000, it will subject all received petitions to a lottery. In April 2015, only about 30% of the petitions were selected for processing. We anticipate that the percentage will be even lower this year. With that said, employers are looking for alternatives. In connection with the Alliance of Business Immigration Lawyers (www.abil.com), Vince Lau provides a short video of the alternatives to the H-1B visa. Check out the video: https://youtu.be/i8b6ApwtmcU This information is provided for educational purposes only. Options will depend on your particular circumstances so do not hesitate to contact Clark Lau LLC for a solution best tailored to your circumstances. At this point, it is still not too late to start the process for filing a new H-1B petition by April 1. Please note that the H-1B process is a two-step process and therefore time must be allowed for completing the steps timely. If you are interested in obtaining an H-1B, please contact Clark Lau LLC as soon as possible.