H-1B Visas for Skilled Workers

Starting April 1, 2014, companies across the U.S. will be preparing for the highly competitive filing season. The H-1B non-immigration visa category is available to businesses wishing to hire persons in a specialty occupation position-this is defined as a person who has at least a Bachelor’s degree or its equivalent in that particular specialty.

The H-1B skilled workers visa is one of the most important options available to companies looking to hire foreign-born professionals on a temporary basis.

In the Fiscal Year 2015 cap season, companies are excepted to file a large number of applications for the 85,000 H-1B visas available under the current statutory quota. Last year, more than 124m000 H-1B visa petitions were received in the first five days, forcing the government to default to the lottery system. more than 31% of the total were rejected through the lottery system.

Even greater numbers are expected to be filed this year. This increased uncertainty of who will be accepted deters foreign investment and negatively impacting U.S. workers. This creates a need to increase the number of H-1Bs for skilled workers, primary bills in the Senate House with provisions to address the shortage of H-1B visas. While this increase would benefit businesses, it would also add significant additional government oversight and Department of Labor control over new requirements surrounding the recruitment and employment process. It would also place severe new restrictions on companies that employ large numbers of H-1B workers or L-1B specialized workers, which is the other significant temporary employment visa category available to companies.

The Senate bill creates a new wage system that collapses the current four-tiered system into three tiers and significantly increases wage requirements at each level.

Read more about this topic.

If you or a loved one is seeking permanent residency in the U.S., we can help you through this difficult process. Contact Jacoby & Meyers for a free consultation today.

Dear friends and clients,

In furtherance of our firms culture of commitment to always act with compassion, concern and commitment to our clients, community and colleagues, we have been taking precautions to ensure that we are still fulfilling our ethical and moral obligations while prioritizing health, wellness and safety of all we can. 

As you know, the COVID-19 pandemic has introduced changes to many lives and businesses in our communities, and around the world. We, much like our neighbors and friends, have been taking precautions to ensure that we are still fulfilling our ethical and moral obligation to our clients, while also prioritizing the health, wellness and safety of our employees.

Until further notice, our offices will be closed to the public to encourage social distancing and to help prevent the spread of COVID-19. Our team is still hard at work, many from home, and you may still call, email, live chat or video conference us if you or a loved one is seeking legal assistance. As the first law firm to offer our clients secure online access to their case file more than a decade ago, we have always been believers in using technology to make life easier and information more accessible. In these present times it has been a smooth transition for us to continue to offer our clients the same seamless and thorough service that you deserve and are accustomed to.

This pandemic is unlike anything any of us have faced in our lifetimes, and while we can continue to emotionally support one another through it all, staying home and keeping your distance is vital to the health and wellness of our communities. It does not feel good to break routines, cancel events and retreat from our normal, day-to-day socializing, but let us remember that, in times of strife, prior generations were asked to go to war and we are simply being asked to stay home. Your isolation equals more lives saved, and more time for medical providers to prepare for the treatment of patients battling COVID-19.

When the dust settles, we will join together with a greater appreciation for our lives, local businesses, loved ones and health. Until then, we will continue to offer guidance from a safe distance.

Very truly yours,

Andrew G. Finkelstein and the staff of Jacoby & Meyers, LLP