Are You Ready for the H-1B Cap Season?


It’s a good idea to begin your preparations for the H-1B cap season now. Here are three of the most important reasons for doing so:

1. A Foreign Credential evaluation is required for any foreign individuals with a foreign education. The H-1B visa classification requires these individuals to show that they have obtained a U.S. bachelor’s degree equivalency. We recommend taking this evaluation before deciding whether to apply for an H-1B decision. If it turns out that your education credentials do not meet the U.S. education standards required for an equivalency, you’ll still have time to consider your other visa options.

2. As part of the H-1B visa process, the U.S. prospective employer must file a Labor Conditional Application (LCA) with the Department of Labor. The LCA must be approved prior to the filing of the H-1B petition with U.S. Immigration. The H-1B filing cap date is April 1, 2016. It’s important to note, however, that the Department of Labor can easily take more than three weeks to adjudicate an LCA if its electronic systems are overwhelmed or the company has never sponsored an H-1B before. You must get the LCA approved in advance to ensure that you can file the H-1B application in a timely manner.

3. Regarding the salary negotiation and job description for a proposed position, the LCA requires the U.S. employer to certify that the foreign H-1B applicant will be paid the prevailing wage, as determined by the Department of Labor, based on the specialty/occupation/job offered. In our experience, delays can occur during salary and position negotiations between the U.S. prospective employer and the H-1B candidate.

Please contact our office to schedule a consultation with one of our experienced immigration employment attorneys so we can discuss your eligibility for an H-1B petition.

Maria Pilar Llusá
Immigration Attorney

1214 East 7th St.
Austin, TX 78702

(512) 399-2311

1095 Evergreen Circle
The Woodlands, TX 77380

(512) 399-2311

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