H-1B Visa Filing Starts on April
1
With H-1B filing season
starting next month we recently asked immigration lawyer Michael
L. Work some questions on what agencies need to know about the
process.
Q. Can I still file H-1B petitions for foreign advertising
professionals?
A. To begin with, please remember that the US limits the number
of H-1B visas issued each (fiscal) year. On December 21, 2009
USCIS announced they could not accept more petitions for the
2010 fiscal year after having reached this year’s maximum allotment.
However, an agency may continue to file an H-1B petition for
a prospective worker currently in valid H-1B status where you
are asking for a change of employers or concurrent employment,
or for someone who might be outside the U.S. but was in valid
H-1B status within the last twelve months.
Q. When can we file H-1B petitions for someone who
has not had an H-1B?
A. Beginning April 1 H-1B Petitions may be filed for 2011 fiscal
year visa numbers. An employer can file an H-1B petition up
to 180 days in advance, so that makes April 1st the earliest
an agency can file in order to try to maximize their chances
for approval for someone to enter and start work on October
1st.
Q. When should I begin preparation in order to file
on April 1st?
A. Start now! USCIS now requests a prevailing wage quote from
a central office and an electronically filed LCA (labor condition
application). These are new processes with some glitches and
may take 10-30 days to complete. We are now documenting credentials
and preparation of H-1B petitions for our clients.
Q. Is there any way of knowing if the demand for H-1Bs
will allow for applications after April 1st?
A. Better safe than sorry. The overall economy will still have
an effect, but I think there will be more petitions filed early
this year because more companies will be confident the money
they spend to have the petitions prepared and filed will actually
result in adjudication. Remember, prior to last year, more applied
in the first few days of April than the maximum allotment of
H-1Bs, so USCIS randomly selected petitions to process. Companies
wasted that money, so they either stayed out of the H-1B program
last year, or filed later in the year for fewer foreign workers.
This year, there is a bit more confidence the water is safe
again for H-1B workers.
Michael L. Work has practiced immigration law for twenty-five
years in Los Angeles and Miami Beach. His office specializes
in immigration planning for the Hispanic advertising industry.
Feel free to forward any other immigration questions to Michael
at michael@michaelwork.com or his partner, Natalia Fridman at
natalia@michaelwork.com or phone (305) 672-8572.
[back to top]
Conference
to Focus on the New Generation Latino Audience
The NGLC Media, Marketing & Entertainment Conference will
take place April 5th at the Harvard Club in New York City. This
event is exclusively focused on the new generation Latino audience.
Confirmed speakers include, CNN's Soledad O'Brien, actor John
Leguizamo, director Franc Reyes.
AHAA members receive a special registration rate of $299. For
more information and to register
CLICK HERE.
[back to top]
|
.jpg)
Last
week AHAA released an in-depth analysis of trends in Hispanic
market advertising and allocation among the top 500 advertisers
from 2006 to 2008. As agencies plan new business efforts and
prepare budgets for the coming year the first edition of the
AHAA Hispanic Marketing Investment Trends report will be valuable
in assessing opportunities and making recommendations to clients.
