Attorney Carlos E. Sandoval Discusses Importance of Filing H-1B Petitions by April 1, 2017

Immigration attorney Carlos E. Sandoval, founder of Carlos E. Sandoval, P.A., is encouraging employers and applicants to have their H-1B petitions ready to be filed by April 1, which is when USCIS will start accepting H-1B petitions for fiscal year 2017. Employers and beneficiaries who want to apply for H-1B visas need to do so in a timely manner to ensure that USCIS will consider their applications.

“If the petition is not filed on time, and more than 65,000 people apply, which most likely will occur, the application won’t be considered by USCIS and will be returned to the applicant,” said Sandoval. “This is especially important, considering that applicants who don’t submit their applications in a timely manner would have to wait until April 1st of the following year to submit their applications.”

Typically, there are a lot more applicants than there are visas available. If within the first five days after April 1st there have been more applicants than visas available, USCIS will reject any further applications, and will conduct a lottery of the applications that were filed during the first five days.

To apply for an H-1B visa, certain requirements must be met. Applicants must have a Bachelor’s degree or higher degree, or its equivalent, and an employer-employee relationship with the petitioning U.S. employer. Furthermore, the job must qualify as a specialty occupation by meeting one of the following criteria: the degree requirement is common for this position in the industry, or the job is so complex or unique that it can only be performed by someone with at least a Bachelor’s degree in a field related to the position; the employer normally requires a degree or its equivalent for the position; or the nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a Bachelor’s or higher degree.

“The process of applying for an H-1B visa is time consuming and requires the preparation of Labor Conditions Applications, and many times also requires obtaining academic evaluations and translations,” concluded Sandoval. “That’s why it is so important that applicants and employers start working on this as soon as possible to make sure USCIS receives the applications within the first five days after April first.”

About Carlos E. Sandoval, Attorney at Law 
Carlos E. Sandoval is a member of the Florida Bar, the American Immigration Lawyers Association, the Broward County Hispanic Bar Association and the Broward County Bar Association. Carlos, who speaks fluent English and Spanish, is licensed to practice law by the Florida Supreme Court and the Federal Court for the Southern District of Florida. He focuses his practice in all areas of immigration, naturalization and removal. For more information or a consultation, call (954) 306-6921, or visit http://www.carlosesandoval.com. The law office is located at 450 N. Park Road, Suite 803, Hollywood, FL 33021.

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