In filing a labor condition attestation (LCA) today, I realized we are rapidly approaching high H-1B season. It is not as fun as Carnival, to be sure. As you know, there are only a limited number of H-1Bs available every year. This cap, or quota, is applicable to most private employers seeking initial H-1B status for an employee. In years when a high demand is expected, all of the H-1B petitions for a fiscal year are placed into a lottery. That lottery opens on April 1 for start times of October 1. Prior to filing the H-1B petition with USCIS, the employer must first file an LCA with the Department of Labor. As the Department of Labor will take seven days to process the LCA, that needs to happen well in advance of April. So, it is time to get filing to be able to participate in this years lottery!
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