When Should I Start Preparing My H-1B Petition? Proactive Preparation for the FY 2015 H-1B Cap

H-1B season is right around the corner! While it seems like the holiday season just wrapped up, April 1, the first day we can file cap-subject H-1B petitions will be here before we know it. One question we hear a lot this time of year is “when should I start preparing?” We love this question because it means that clients and prospective clients are planning ahead. Last year, the H-1B cap was met the first week of filing, and we anticipate that to be the case this year as well. Keep in mind that if the H-1B quota is met the first five business days of filing, USCIS will conduct a lottery to randomly select the H-1B filings that will be processed. The rest will be returned to the employer/attorney. Therefore it is critical to plan ahead to maximize your chances of success.

Approximate Date

Step

Now

Confirm that your employer is willing to sponsor you for H-1B status

Feb 1 – 15

Gather required information from employer and employee

Feb 15 – 28

File the Labor Condition Application (LCA) with Department of Labor (Note: Department of Labor takes up to seven business days to process an LCA; if the employer’s tax ID number has not previously been verified, this may take additional time.)

March 1-15

Gather any remaining documentation required, prepare forms, arrange for signature

March 15 – 30

Assemble final petition, and complete final quality assurance checks

April 1

File petition (for delivery on April 1)

Following this precise timeline is not mandatory. However, given the stiff competition for cap-subject H-1Bs in recent years and the anticipated demand this year as well, advance planning will save you stress, and increase your chances of success.

For more information on the H-1B visa classification, please click here. Do you need assistance filing H-1B petitions (cap-subject or otherwise)? Please contact us at info@sumnerimmigration.com or at 804-396-3412.

Recent blog posts

May
26
2021
We’re entering the season for summer travel for vacation and to visit family and friends! More people have been vaccinated, and travel is more feasible (in some ways) than last summer. However, foreign nationals wanting to travel must plan stra… Read More
May
4
2021
Traveling overseas for an extended period of time when you have a green card (permanent residence card) has always been tricky. However, it has become even trickier during the Covid pandemic. This is the second of a series of blog posts about traveli… Read More
Apr
21
2021
Traveling overseas for an extended period of time when you have a green card (permanent residence card) has always been tricky. However, it has become even trickier during the Covid pandemic. We’re publishing a series of blog posts about travel… Read More

Read More Blog Posts

“I have worked with a lot of immigration attorneys in the past for various needs for family and friends. I have not had to find a new attorney since I got in touch with Emily. I have known her since her early days as an attorney and she was the best o… Read More"
– Derek M.
“My Green Card got approved! Thank you very much for your help, I highly appreciate it! The way you have executed the filing procedure was simply perfect, from filing labor to GC approval, your documentation and communication with me was the best. I w… Read More"
– Kishore

More Client Reviews