As the winter holidays wind down and we head into the New Year, it is time to start thinking about the other most wonderful time of the year: H-1B season! Dayzad Law continues to defy the odds with a 100% success rate on H-1B petitions (knock on wood). In contrast, the most recent statistics from USCIS show a drop of 10% in H-1B approvals in November 2017.   The national H-1B approval rate was the lowest percentage of approvals in the prior 36 months.

The H-1B classification is the most popular temporary work status for professional positions, and the time to act is now.   Companies that seek to expand their workforce with top talent want to take advantage of this immigration classification.  For many foreign nationals, not only does H-1B status provide employment opportunities, but also a potential path to a Green Card. Amongst other eligibility, requirements, foreign-national applicants must have:

  1. A U.S. job offer, and
  2. A relevant Bachelor’s degree (or equivalent work experience).

The government accepts H-1B applications only one time a year – on April 2, 2018. If approved, work authorization begins October 1, 2018. To ensure timely filing of an H-1B application – and to avoid a rush service fee – be sure to engage our office by January 23, 2018.

As many applicants learned this past year, under the new administration it is more important than ever to prepare these application packages thoroughly and with a deep understanding of the eligibility requirements. Furthermore, timing is critical, as there are a limited number of H-1B visa numbers available each year.  We expect the government will hold a lottery to determine which applications to pick for processing. Last year, employers submitted nearly 200,000 H-1B applications for the coveted 85,000 visa numbers available. Thus, it may take more than one attempt to eventually obtain H-1B status. Employees with a Master’s degree have better odds of winning the H-1B lottery.