Deadline Fast Approaching for 2014 H-1B Visa Filing

The only opportunity to file for new H-1B visas for professional employees this year will occur in just a month, starting April 1, 2014. 

If your organization employs a foreign-born professional employee who is working on an Employment Authorization Document (EAD) that expires before March 31, 2015, and that employee is not qualified for a STEM extension, this is a reminder that you need to file an H-1B petition for that individual during the 2014 filing window. The same is true for employees in another status or outside the U.S. whom you want to start in H-1B status on October 1, 2014.

Last year, employers filed 124,000 petitions for 85,000 available H-1B visas. The filing window was only open for one week before all the visas were gone. U.S. Citizenship and Immigration Services (USCIS) used a lottery for the first time in several years to assign the limited H-1B visas. USCIS automatically rejected late filings and allowed no additional filings until the April 1 window this year. Workers who were unsuccessful obtaining visas had to either leave the United States at the end of their work authorization or find another way to stay.

Immigration filings are complex, and require collecting and processing information about the job, the employer, and the employee. The H-1B also requires a prior filing with the U. S. Department of Labor. Some employers are cap-exempt, and our staff can help you investigate this. Contact immigration attorneys Chris Bauer or Sherry Lin at 800.884.1328 or immigration@msec.org with your questions about the H-1B process. We can also process H-1B filings for you for a fee. Act quickly if you need this assistance; our staff need to start the process by March 10, 2014, to ensure a timely filing.