H-1B Visa filing must be decided by employers now

Employers must decide the candidates for their H-1B Visa filing at the earliest. This includes existing employees and prospective candidates. It is anticipated that USCIS will once again receive H-1B applications far in excess of the yearly quota.

The H-1B Visa filing is done in the first week of April – 1 to 5th of the month. Owing to the huge volume of applications far exceeding the cap of 65,000, the selection process is random lottery-type.

The alert is aimed at enabling employers to locate the existing and prospective workers for the H-1B Visa filing. These are those who will be sponsored by them for the program for the fiscal year 2020.

The United States Citizenship and Immigration Services will begin accepting applications for the 2020 fiscal year on April 1, 2019. The H-1B fiscal quota for 2020 commences on 1 October 2019, as quoted by the Lexology.

USCIS is planning to go ahead with a new process for H-1B Visas. It requires the employers to pre-register for the cap selection system of H-1B. Office of Management and Budget has been sent a draft regulation for a review by the USICS. This represents the first initiative towards modifying the H-1B process.

The H-1B Visa cap is reached very quickly. It was so in 2019 fiscal as well when 190, 000 applications were received by USCIS for the capped quota at 65,000 Visas. The most recommended and conservative approach is to file all cap-subject cases in the first week of April itself.

Timely filing will enhance the possibilities of desired employees obtaining the H-1B effective from 1 October 2019.

The preparation for filing cap-restricted H-1B applications must begin now. The employers sponsoring the H-1Bs must decide now on the employees to maximize the positive outcome.

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