Q. Are recent graduates eligible to immediately begin working with my firm?
A. Once the graduate receives his Employment Authorization Document (EAD card) from the USCIS, he can commence employment. The required form I-765 to apply for the EAD card is usually filed by the student prior to graduation and does not require a sponsoring employer or an actual job offer. This document is necessary for the I-9 employment verification process.
Q. When should we file our H-1B petition?
A. Since the government currently issues only 65,000 H-1B visas per year, to ensure success, petitions should be filed as early as possible. Petitions can be filed six months in advance of the anticipated start of employment. The immigration fiscal year begins October 1, so petitions should be filed as close to April 1 as possible.
Q. Is my firm required to provide specific financials during the petition process?
A. In most situations, this is not necessary. The request by the government for financial documentation is usually triggered when the company is relatively new, has relatively few employees, or because it has indicated on the petitioning form (I- 129) that its annual income might not be sufficient to pay the wage being offered to the foreign worker who is being sponsored.
