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2018 H-1B Visa Guide Released

A man stands in front of a construction site with a hard hat and rolled up plans.FordMurray is pleased to release our downloadable 2018 H-1B Visa Guide. 

The updated Guide answers the following questions about H-1B Visas with the most up to date information:

Who should apply for an H1-B Visa?

Businesses should file for an H-1B visa if they have identified a candidate for skilled employment who is foreign-born and not currently a lawful permanent resident or citizen of the United States.  The position should require at least a Bachelor’s Degree in a field related to the position being offered. Traditionally, the H-1B lottery has been heavily utilized by businesses in the STEM fields – Science, Technology, Engineering and Math. In recent years, we have seen an increasingly diverse field of businesses apply – including those in arts, communication and finance. Learn more about the visa and qualifications, and the annual H-1B lottery in the Guide.

What are employer obligations in sponsoring an H-1B petition?

Employers must file a Labor Condition Application (LCA) with the Department of Labor. Generally, the LCA ensures employers are paying similar wages and offering similar employment to H-1B workers as US workers. The employer must provide a summary of benefits for the position, as well as benefits for similar positions. Our detailed guide explains the LCA process in depth, in addition to outlining other employer obligations.

What are the important deadlines in the H-1B petition process?

During the H-1B season, the Department of Labor is inundated with LCAs – so plan ahead during this busy time of year. Additionally, the LCA must be posted for 10 days in the potential employee’s work location. Timely applications are essential – read more about the application requirements, getting petition approval, and processing times and options in our H-1B guide.

Are H1-B Visas portable? How does H-1B portability work?

H1-B Visas are portable, and recent laws have codified the portability of H-1B visas. H-1B visa holders have a 60-day grace period to find a new job and file an amended H-1B petition should they lose their original employment. To learn more about H-1B portability, download our comprehensive guide.

How do I withdraw an H-1B petition?

If a business terminates the employment of a person on an H-1B visa, the employer is required to notify the US Customs and Immigration Services. The employer must withdraw the relevant petitions and filings and pay for return transportation for the former employee. Withdrawing and H-1B can have hidden pitfalls – our guide spells out some common issues to address during the process.

With the deadline for filing H-1B Petitions subject to the “cap” only two months away, it is time to start the process of filing an H-1B if you have identified a qualifying individual that fits a professional role within your organization. As with past years, we expect this year to be a competitive selection process with more H-1B petitions being filed and accepted during the “lottery period” than available H-1B numbers.

Download the guide here, and contact us if you have any questions as you prepare you H-1B filings. We are always happy to help.