The Who, What and Where of the 2014 H-1B Cap Season

calendar.jpgAs you prepare for the upcoming H-1B Cap season, it is time to decide for whom you will be petitioning, the job position and function you would like for the foreign national to assume, and the job location where the foreign national will work.When making these decisions, it is important to keep in mind the following information.

Who should I hire?
In many instances, we file H-1B cap cases for students who are transitioning from OPT – Optional Practical Training, to H-1B visa status. Retaining your great OPT interns through the H-1B visa process is a great way to ensure that valuable training learned on the job does not walk out of the front door. H-1B cap cases can also be filed for persons who are in the USA in another visa status, or quite frequently for persons outside of the United States. Our firm would be glad to meet you to ensure that your target hire is a good match for the H-1B visa cap program.

What job can my employee do?
The H-1B visa is designed for jobs in a “specialty occupation.” There are many ways to show that a job meets the “specialty occupation” standard. However, a good rule of thumb is to consider if the job offered is the type of job that requires at least a bachelor’s degree. Many jobs can fit this category; popular jobs are engineers, managers, occupations in technology or the medical field.

The Law Firm of Shihab & Associates has many years of experience in winning tough cases where the “specialty occupation” issue is raised by the USCIS. We are more than happy to consult with you as to the correct fit of your offered job to the “specialty occupation” criteria.

Where can my potential hire work?
Most H-1B workers are located at the main office or branch office of their employer. However, H-1B employees are commonly stationed at locations far away from the office of their petitioning employer. Our firm has handled many cases where the foreign national is stationed off site. We know the issues that arise in these situations and we routinely counsel our clients on the best ways to prove to the USCIS that a foreign national is indeed qualified for an H-1B visa, even when they are off site.

Contact us today to begin your H-1B petition process and stay ahead of the curve.

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