The first week of April 2018 will be the last chance to participate in the annual H1B Professional Visa program in its current iteration. Next year, the Trump administration plans to make it completely different. For many, this will be the last opportunity to qualify. Get ready now. Contact us immediately at 415.765.5111 or H1B@emvisa.com.

Today’s H1B program does NOT require a showing of shortage of American workers. Americans are protected against cheap foreign competition by a Labor Condition Application certified by the Department of Labor. As long as the foreign candidate is paid at least the Prevailing Wage that any American would earn, the foreigner can obtain an H-1B. No advertising of the position is required.

On April 2nd, USCIS Citizenship & Immigration Services will begin accepting new H1B visa petitions. The annual quota of 85,000 new H1B visas includes 20,000 set aside for foreign workers who have completed a Masters degree at a U.S. non-profit university.

This H1B season will be identical in competitiveness to the last few years, when the quota was exhausted by the end of the 5-day filing window: 200,000 petitions were filed last year 2017 and 236,000 in 2016.

USCIS conducts a random, luck-based lottery of all petitions to select those that will be considered for approval. Master Grads have an 80%+ chance of being selected in the lottery. The rest have only a 20 – 25% chance. First start date is October 1, 2018.

An LCA Labor Condition Application must be certified by the Department of Labor before the visa petition can be filed with USCIS.This is posted online and at the work site.

E&M Mayock is about to complete H1B CAP case processing. There is still time to participate.Cases will be prepared and LCAs filed as soon as all information, documents and fee payments are received.

If you would like to participate in our H1B filing program, please call us or send us an email, and take the following steps:

1. Identify the names of any possible H1B candidates.
2. Provide the necessary initial documents to speed evaluation of H1B eligibility:

   Passport, resume, job description, and salary.

USCIS will announce winners of the lottery – based on luck – as soon as those names become available, usually by mid-May.Decisions are usually made by the end of September 2018.

Finally, if we have learned one thing over the past year, it is that conditions can change quickly in the current highly-charged political environment. The Trump Administration’s immigration policies have created enormous chaos and confusion. We are dedicated to helping employers navigate this process, but we are unable to guarantee that there will be no unforeseen changes.

As of this writing – March 1, 2018 – nothing has changed with regard to the 2018 H1B Cap application process – except the renewed availability of PP Premium Processing [optional $1,225 extra].We recommend using this option.

If this H1B opportunity may be of interest, of if you have any questions, please contact us immediately at 415.765.5111 or H1B@emvisa.com.

Thank you! We look forward to working with you.

To learn more,Download this paper from Immigration Lawyers, E & M Mayock