The H-1B is a temporary visa that allows a person to come to the US to work for a particular employer for a designated period of time. The foreign national must have a bachelor’s degree or higher, and the position they are filing must be a specialty occupation, that is a position that requires the services of a person with a bachelors degree or higher in a particular area (or closely related areas). The degree required by the position must match the degree that the foreign national has, otherwise the process may not work. One major issue with the H-1B visas is that there is an annual cap on the number of H-1Bs given out every year. There are 65,000 H-1Bs give out each year plus an additional 20,000 for those who received a Master’s degree or higher from a US institution of higher education. The “year” for USICS runs from October 1 to September 30, however USCIS does allow you to file for an H-1B upto six months in advance of the start date. This means many people file for the H-1B on April 1 for an October 1 start date. Generally, all H-1Bs are used before the end of the first week of April in any given year so the timing of filing for the H-1B is of great importance. There are certain institutions that are exempt from this cap and we can help determine if you work for such an entity. There are many other issues that can come up with H-1Bs and we help both employers and employees through all these areas, including prevailing wage issues. Please call us with any questions.