Last month several peoples lives were changed when they found out they were winners in the $1.6 billion Powerball lottery jackpot. Turns out, there is another lottery coming up that will change the lives of 85,000 people - the H-1B work visa lottery.
On April 1st, thousands of U.S. tech businesses will file H-1B work visa petitions on behalf of highly-skilled foreign workers to work for their companies. Due to the high demand by employers for highly-skilled foreign talent, far more visa petitions are filed by U.S. businesses on April 1st than are available. U.S. Citizenship & Immigration Services (USCIS) therefore conducts a random lottery of all the petitions and selects 85,000 H-1B petitions for processing. Those not selected in the lottery are out of luck.
But as we all know, if you don't play in the lottery, you can't win. So do you want to play? If so, making the following preparations NOW, will help employers avoid last minute decisions that could impact their hiring needs and/or ability to hire skilled labor in the year ahead:
Evaluate Labor Needs - Employers should evaluate their workforce needs and identify candidates who will need H-1B sponsorship. The H-1B visa is available to foreign nationals who will be working in a specialty occupation that normally requires a Bachelor's degree. The H-1B cap only applies to individuals who are seeking H-1B status for the first time, not individuals who were counted against the cap in the past 6 years or who are seeking to extend their H-1B status or change H-1B employers.
Finalize Job Description and Salary - The Department of Labor (DOL) will require employers to submit a Labor Condition Application (LCA) before filing an H-1B petition. In the LCA, the employer must attest to pay the H-1B employee the prevailing wage for the job in the location where he/she will work. The LCA can take up to 10 days to be certified, so finalizing the job description and salary now, can reduce delays in this critical step.
Obtain Foreign Transcripts and Work Experience History - H-1B candidates will be required to submit their academic credentials with their petitions. Transcripts, certificates, and diplomas can take a while to receive, and in some cases require English translations, which can be time consuming. Additionally, individuals who lack a university degree should obtain documentation of their work experience to use as evidence to meet H-1B educational requirements.
Plan for Visa Alternatives - Based on the last few years, less than half of H-1B cap petitions will be selected in the likely lottery. Employers should therefore consider possible alternatives to the H-1B visa, so that they are not left without highly skilled workers in 2016.
Prepare now and increase your odds of success. Good luck!
