H-1B Filing Season To Begin April 1, 2014, Lottery is Anticipated
Employers are reminded to identify new candidates who will require H-1B sponsorship as soon as possible, to ensure that these applications are accepted for processing. April 1, 2014 is the first date that an employer is able to file an H-1B petition on behalf of a foreign national who has not possessed H-1B status before. Employees with approved H-1B petitions will be able to begin work in that status on October 1, 2014.
The H-1B is a frequently used temporary work visa for professional positions. Generally, there are only 65,000 H-1Bs available per year. There are an additional 20,000 H-1Bs available for candidates with a Master's Degree or higher from a US university. If USCIS receives more than enough petitions in the first five days of processing, there will be computer generated random selection process to choose which H-1B petitions will be accepted for processing. In 2013, USCIS received 124,000 applications in the first five days of processing and a lottery was held to select the 65,000 H-1B visas and additional 20,000 H-1B Master's Degree visas. It is anticipated that a lottery will occur in 2014 also.
Foreign nationals who work for a non-profit research organization, an institution of higher education, or work furthering the purposes of either of these, or have used a cap subject H-1B, are exempt from the H-1B quota. For more information on H-1Bs, see the Clark Hill website .
Visa Priority Dates – January 2014 Visa Bulletin
The January Visa Bulletin has been posted. The priority date for employment based second cases (EB-2) for China is at December 8, 2008 and EB-2 India is at November 4, 2004. Priority dates for employment based third cases (EB-3) for China and the Worldwide limit are both at April 1, 2012. EB-3 India is at September 1, 2003. For a summary of priority dates, retrogression, and how these dates impact US green card processing, please visit the Clark Hill website.
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Up in Smoke: Navigating Marijuana Laws in the Workplace
Employees’ lawful use of marijuana—both recreational and medical—presents numerous traps for the unwary employer. This webinar will address the various legal and practical issues that matter to employers and HR professionals when confronting employees’ lawful marijuana use.