California Labor &
Employment Law Blog

Dec. 14 2010

H-1B Professional Visa Quota Will Be Reached Soon

Topics: Immigration

If your company is thinking of sponsoring a foreign national worker for an H-1B visa, be advised that the quota will likely be reached soon -- possibly later this month or sometime in January. Approximately 82% of the quota has been used up. The H-1B visa is for professional workers working in such fields as information technology, science, engineering, accounting, etc. Once the quota is reached, the next filing period will begin on April 1, 2011 with a start date of October 1, 2011.

Be advised that generally speaking, a foreign national who is already in H-1B status and working for another company, is eligible to transfer and work for your company. They are not subject to the H-1B quota since they are already in H-1B status. However, their authorized time to remain in the U.S. does have limits and this needs to be explored prior to extending any job offer.

Immigration issues should first be addressed on your job application and include two questions regarding work authorization: First, "Are you authorized to work in the U.S." and second, "Will you require sponsorship to work in the U.S." If the applicant answers "yes" to sponsorship, there are a whole host of permissible follow up questions that can and should be delved into prior to extending an offer.

For more information, please contact Greg Berk, Chair of the CDF Immigration Practice Group at (949) 622-1661 or Before extending a joboffer to a foreign national, employers are encouraged to seek legal advice to ensure eligibility and immigration compliance so as to avoid any surprises.

About CDF

For over 20 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

> visit primary site

About the Editor

Robin Largent represents employers, including major food and retail companies, in all types of employment litigation: wrongful termination, retaliation, breach of contract, wage and hour (California Labor Code) and unfair competition. She also regularly counsels and advises California employers on issues of compliance with California and federal employment laws.
> Contact   > Full Bio   Call 916.361.0991

Carothers DiSante & Freudenberger LLP © 2018

About CDFWhat We DoContact UsAttorney AdvertisingDisclaimer