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H-1B update for 2020 brings good news for employers

January 2020 employment law letter
Authors: 
Leigh Cole, Dinse P.C.

Finally there's a bit of good news for employers relying on H-1B visas. The H-1B cap lottery will take place in March/April 2020, and they will be able to register electronically in advance for a small fee to find out if they are successful, without going through the time and expense of preparing an H-1B petition.

What are H-1B visas?

H-1B visas are the basic visa option for professionals under U.S. immigration law. They are for positions that qualify as “specialty occupations,” defined to include only jobs requiring at least a bachelor's degree in a specific type of field, or equivalent specific vocational preparation, as a minimum qualification. It's not always a slam dunk to prove a position requires at least a bachelor's degree or equivalent combination of education and experience in a particular type of field, but for many professional positions, H-1Bs are a great option. And for positions that require a master's degree or a PhD as a minimum qualification, the visas can be a slam dunk.

But there aren't enough H-1Bs every year

U.S. law imposes an annual limit of 85,000 H-1Bs—20,000 of which are reserved for employees holding an advanced degree from a U.S. institution. This is woefully inadequate in light of the demand for H-1Bs in the U.S. economy.

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