H-1B Season is Upon Us!
We are now in the thick of H-1B season. That means all applications for H-1Bs for fiscal year 2018 (beginning October 1, 2018) are due (received) by USCIS this coming April 2. It is important not to wait too long to get an application rolling. March 1 is ideal. Immigration attorneys will need time to do the following:
1. Make sure both the employer and the employee understand the H-1B lottery process and the chances of not being selected (and ideally have a backup plan).
2. Review the job duties and make sure the prevailing wage USCIS will apply will not actually be higher than the wage the employee is to be paid.
3. Obtain approval of a labor certification application (this takes seven days by itself).
4. Coordinate the posting of notice at the place of employment that an H-1B application is being filed.
4. Compose an attorney brief explaining the job duties and why they require the theoretical and practical application of a body of highly specialized knowledge and a bachelor's degree or higher in the specific specialty or its equivalent.