The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty (professional) occupation.
Last year, H-1B visas became unavailable in August 2005, two months before the beginning of the next fiscal year. As a result, the H-1B visa could not be used for new professional hires during the 2005-2006 fiscal year beginning October 2005. Unless Congress takes some action with regard to this problem, the cap will be reached even sooner this year, extending the length of time that employers will not have access to H-1B visas.
Now is the time to review the needs of your company and determine whether any of your employees (or prospective employees) will need H-1B visa status anytime during the next 18 months. If so, we recommend that you pursue the filing of an H-1B petition now for a start date of October 1, 2006 to ensure ongoing employment for those with limited work authorization (F-1 Practical Trainees, for example).
Please contact us immediately if you require our assistance in facilitating H-1B visa status for any current or prospective employees.
Remember To:
Notify our office of any change in employment, including job title changes and promotions. Notify our office of any change in the corporate structure. Have your international employees notify Immigration of address changes within 10 days.
© 2006 Powell Goldstein LLP. All Rights Reserved.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
