Employers May Begin to File Applications for H-1B Visas Starting April 1

Author: Melissa A. Silver, XpertHR Legal Editor

The government will begin accepting applications for H-1B visa applications for the 2014 fiscal year on April 1. H-1B visas are used for individuals with a specialty occupation position, which is defined as a job that requires at least a bachelor's degree or its equivalent in the specialty. Only 65,000 H-1B visas are allowed per year. Although there are some exceptions to the yearly cap, if the employer is not an organization exempt from the H-1B limit and wishes to sponsor an individual for an H-1B status, it must file the appropriate paperwork beginning April 1, 2013.

Although the Immigration Innovation Act proposes, among other things, to increase the number of H-1B visas allowed each year, employers should not hold their breath that the Act will pass before April 1. Last year, the cap was reached by June, and it is predicted that the cap will be reached even earlier this year.

Additional Resources

Recruiting and Hiring > Immigration, Form I-9 and Work Visas > Employing Non-US Citizens

Form I-9 and Immigration Issues Resource Center

Obtain Visas When Employing Foreign Citizens