Many employers desire to hire foreign nationals in specialty occupations, but because visas for those workers are limited, many employers are unable to do so. Timing is critical to be able to obtain H-1B visas for qualified workers. The annual allocation of 85,000 H-1B visas starts on April 1 of each year. Last year the general H-1B visas (not cap-exempt) were oversubscribed in the first week of April. So it is imperative to file on April 1, or as soon as possible thereafter, to have a chance at an approved H-1B visa.

Note, though, that before filing a Petition with U. S. Citizenship and Immigration Services for the visa, much work must be done in advance, including obtaining an approved Labor Condition Application from the U.S. Department of Labor. This application can be tricky, and without experienced assistance, an employer's application could be rejected. Rejection leads to delay in approval by the DOL, which could lead to delay in filing a Petition with CIS, which could result in missing the expected lottery for the visas in the first week in April. So don't delay, contact us today. We would be glad to discuss whether a potential employee and the proposed job might qualify. We are ready to assist you with your Labor Condition Applications now to make sure you are ready to file your H-1B Petition on April 1.

About the Authors

David M. Elliott has been practicing immigration law and business law at Grant, Konvalinka & Harrison, P.C. for over 17 years. He enjoys helping businesses employ valuable workers.

Brittany Thomas joined GKH in 2012 as a member of GKH's Immigration Group and focuses her practice on immigration including family based immigration petitions, and employment based petitions. She is committed to providing personalized, cost-effective immigration services for her clients around the world and across the U.S.

GKH strives to keep you informed of the developments regarding immigration issues. Please call the GKH Immigration Group toll free at 888-463-8117, or send an e-mail herefor more information or representation in your immigration process. We help clients through the internet from around the U.S. and the world. Let us help you no matter where you are, near or far!

This blog is not intended to create an attorney/client relationship or provide legal advice. Please contact the author if you have any questions or comments regarding the subject matter.