It’s Time to Prepare H-1B Work Visa Petitions for Fiscal Year 2015

The April 1, 2014 “deadline” for the filing of H-1B visa petitions for Fiscal Year 2015 is quickly approaching. Petitions for the new fiscal year, which starts on October 1, 2014, will be accepted by the government beginning April 1, 2014. U.S. Citizenship and Immigration Services (USCIS) will continue to accept new H-1B petitions after April 1, 2014, but only until the H-1B cap is reached.

As soon as possible, we encourage you to identify any employees who may require H-1B sponsorship. This year we expect the cap to be reached quickly due an overall economic conditions improving over the past year and based on last year’s quick filling. This year, we expect the H-1B cap to be reached as early as the first week of April.

Once the H-1B cap has been reached, employers will be unable to file new cap-subject H-1B petitions until April 1, 2015.

To qualify for an H-1B visa, the position must meet one or more of the following requirements:

• A bachelor’s degree or higher degree or its equivalent is normally the minimum requirement for the particular position;
• The degree requirement is common for this position in the industry, or the job is so complex or unique that it can only be performed by someone with at least a bachelor’s degree in a field related to the position;
• The employer normally requires a degree or its equivalent for the position; or
• The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

Ogmen Law Firm is happy to work with you to file H-1B petitions right up until April 1st, and afterward, for as long as H-1B visas are available. We strongly advise interested candidates to contact our office immediately for questions and inquiries on their qualification for an H-1B visa. Each petition requires certification by the Department of Labor (DOL) of a Labor Condition Application (LCA). DOL regulations allow for up to seven working days to certify an LCA. It is therefore important to commence work on new H-1B petitions as soon as possible.

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