Companies who are taking their hiring needs into consideration and debating about whether to petition for any potential foreign hires to gain the highly-prized cap-subject H-1B status have until April 1, 2015 to make up their mind. Employers looking to hire or, potential H-1B candidates should work with an H-1B visa attorney to ensure there are no careless and costly filing errors on their petitions.

April 1st is Approaching

USCIS will begin accepting new H-1b visa applications starting on April 1, 2015 ( – the competition will be as fierce as always.

During the previous Fiscal Year, the number of cap-subject H-1B petitions that were filed by employers were twice as many as those available. The end result was that approximately half of those employers petitioning for H-1B workers and those who were under consideration for employment were shut out. Thus, the situation created havoc when it came to staffing issues and put those businesses in an uncomfortable situation.

An H-1B Cap Lottery IS Possible in 2015

Having a hiring plan in place early will allow for a business to bring together and give any information and documents to their legal consultants. Then after hearing all the details involved, those attorneys will be able to formulate a specific plan of attack.

These will be needed since, in all likelihood, the avid pursuit of companies for as many spots as possible and could once again result in an H-1B cap lottery sometime in April 2015 by the United States Citizenship and Immigration Service (USCIS). For more insight on the possible 2015 H-1B cap lottery, read 2015 H-1B Visa Predictions.

Start Planning Now!

The need to properly plan is paramount, since most cases can be prepared swiftly if the proper information is available. It will also offer a cushion against any problems that might develop along the way. These include discovering the potential H-1B candidate is lacking a vital document and must obtain it from their home country.

Other Considerations

It may also involve a flaw related to the electronic filing system that processes an integral part of the H-1B petition package: the Labor Condition Applications (LCAs). Without it, the application has no chance of being selected, but with it, they can be processed within a week from the date of the filing.


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Beeraj Patel, Esq.

Partner at KPPB Law
Beeraj Patel's philosophy is simple - make it easy for talented and ambitious individuals to have access to immigration materials so that they can make the choice which is right for them.
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