U.S. Immigration Law: Navigating The H-1B Cap Season

On April 1, 2014, the United States Citizenship and Immigration Services (USCIS) will begin the process of granting the coveted H-1B classification for the next fiscal year. The H-1B classification is one of the primary methods used by employers to obtain work authorization for foreign nationals in the United States, and is generally available for jobs that utilize a specialized body of knowledge and where foreign nationals possess a degree (or its equivalent) in a related field. However, the filing of an H-1B petition is preceded by a complex, multi-stage process fraught with potential pitfalls. U.S. employers looking to obtain work authorization for professionals who are not U.S. workers should thus act now to ensure their best chance of success.