The Upcoming H-1B Season: Planning Ahead is Key

United States

The FY 2018 H-1B cap season will begin on Monday, April 3, 2017. Though the opening day of the filing period is still several months away, it is not too early for your organization to begin assessing H-1B needs and working with your Fragomen team to begin the process.

Demand for new H-1Bs reached unprecedented levels last season and is expected to remain high in the FY 2018 season. For FY 2017, USCIS received 236,000 petitions against the annual quota of 85,000. Some 151,000 petitions – more than half of all cap filings – did not win a quota number. Pent-up demand from last year, falling U.S. unemployment rates and steadier economic growth will mean continued tight competition for FY 2018 cap numbers.

High demand means that the quota is certain to be reached quickly. Starting your H-1B preparation early will ensure that your organization is ready to submit cap cases between April 3 and April 7, 2017. Cases must be received at USCIS during these crucial five business days to maximize your organization’s chances of accessing the limited number of new H-1Bs available for FY 2018.

It’s Not Too Soon to Start

Here are some important tasks your organization can do now to ensure readiness on April 3:

• Begin assessing your FY 2018 H-1B employment needs.  Getting an early handle on your hiring needs and the approximate number of petitions to be filed will allow you to better manage budget and H-1B workload, and help you coordinate even more effectively with your Fragomen team.
• Get LCAs early.  Once your organization has identified its hiring needs for next year, work with your Fragomen team to seek labor condition applications (LCAs) – mandatory for every H-1B petition – as soon as possible. We expect a surge of LCA filings in the months leading up to April 3, which could cause processing slowdowns at the Labor Department. Obtaining LCAs now will help your organization avoid these delays. Though there are a few drawbacks to filing LCAs early, including a shorter H-1B petition validity period, these downsides are far outweighed by the advantages of having LCAs in hand well in advance.
• Consider multislot LCAs.  A single LCA can cover multiple employees in a specific occupation and worksite. If your organization has a genuine need for one, a multislot LCA can increase efficiencies during the busy cap season. It can also provide your organization with greater flexibility to respond to time-sensitive non-cap needs like relocating employees to new worksites and onboarding new hires who are porting from other H-1B employment. 
• Start gathering necessary evidence.  Work with your Fragomen team, corporate colleagues and H-1B candidates to gather company documents, academic transcripts, degrees and other essential evidence. These can take time to assemble. Missing or incomplete documents can mean delays or denials. 
• Budget for higher government filing fees.  Effective December 23, 2016, the USCIS filing fee for Form I-129, the nonimmigrant visa petition, will increase to $460, from $325, and the filing fee for Form I-539, change of nonimmigrant status for dependent family members will increase to $370, from $290. Your organization should take these changes into account when budgeting for FY 2018 H-1B cap expenses. Premium processing and other fees related to H-1B cap filings will not increase.
• Be prepared for changes in procedures and requirements.  Last-minute changes in USCIS and Labor Department processes are always possible. Fragomen monitors these developments closely and will inform you about any new requirements.

This alert is for informational purposes only. If you have any questions about the H-1B filing process, please contact the immigration professional with whom you work at Fragomen.

© 2016 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.