H-1B visas are a classification of a visa that allows foreign professionals to work for U.S. companies. The USCIS, United States Citizenship and Immigration Services, provides 65,000 H-1B visas each year. Companies who wish to hire these individuals are required to submit petitions. The process can be a rather lengthy one, so employers are encouraged to begin the application process as early as possible. It is helpful to seek guidance from a qualified immigration attorney for help in understanding H-1B petitions.

H-1B Lottery

Because of a high number of H-1B applicants, a lottery system has been implemented to accept applications. When the number of petitions is greater than the number of available openings, a lottery will be performed to create a random order of acceptance. While it is helpful to submit your application in a timely manner, simply submitting it early will not guarantee acceptance. The applications are accepted beginning April 1, however, this can change, so you should always check to find the most current information through the USCIS.

Preparation for H-1B

The first step in the H-1B process is filling out the application. Along with the application, proper documentation must also be provided. Gathering the correct information may take some effort, so be sure to allow enough time to secure everything necessary before filling out the application. Failure to submit enough documentation to support the petition could result in a denial. Denials stall the process and will keep you from meeting an impending deadline.

Preparing the Petition

The H-1B petition process requires some strategy consideration, which can make the process more complex. Employers must completely understand the requirements before they begin completing the petition. Some of the information required could be difficult to obtain, which could keep you from meeting specific deadlines. If the deadline is missed, the employer will need to wait until the following year to resubmit unless it is a cap-exempt entity.

Legal Help with Petitions

Immigration petitions can be complicated, and employers need to be certain that they meet the requirements, and fill out and submit the correct forms and documentation. Improper completion of the forms or a misunderstanding of the process could result in problems, both for your company and for the potential employee. It is extremely beneficial to seek guidance from an experienced immigration lawyer prior to starting the process. Your attorney will answer your questions, inform you of the documentation that is needed, and assist with filling out and submitting forms.

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Understanding H-1B Petitions, or other Immigration Law matters, please feel free to contact Phil D. Ortega at  480.461.5330, log on to udallshumway.com,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.