The end of the year is often a slower period for many businesses, but immigration timelines do not pause for the holidays. Missed deadlines during November, December, and early January can lead to processing delays, additional costs, or even loss of work authorization for valued employees. Planning ahead is especially important for employers managing foreign national talent.
Below are key business immigration deadlines and timing considerations employers should keep on their radar during the holiday season.
H-1B Extensions and Amendments
H-1B petitions are subject to strict filing windows. Employers may file extensions up to six months before the employee’s current status expires. Waiting until year-end can be risky, as company closures, reduced staffing, and government processing slowdowns can compress timelines.
If an H-1B employee is changing job duties, work location, or moving to a new role within the company, an amendment may be required. Employers should assess any anticipated changes before year-end to avoid filing delays that could affect employee mobility or compliance.
PERM Labor Certification Recruitment Timelines
For employers sponsoring employees for permanent residence, PERM recruitment steps are time-sensitive. Prevailing wage determinations, recruitment advertising, and mandatory waiting periods must be carefully sequenced.
Because recruitment steps often span multiple months, delays in starting the process before the holidays can push filings well into the following year. This can be particularly problematic for employees nearing maximum H-1B time limits who rely on PERM filings to extend their work authorization.
I-9 Compliance and Reverification
End-of-year audits are common, and I-9 compliance remains a frequent enforcement focus. Employers should confirm that I-9 records are complete, properly stored, and up to date.
Additionally, some employees’ work authorization documents may expire around year-end. Reverification must be completed on or before the expiration date. Holiday absences and office closures can make last-minute reverification difficult, so advance tracking is essential.
L-1 and Global Mobility Planning
For companies transferring employees from abroad, year-end travel can complicate visa stamping and entry timelines. Consular appointments may be limited, and processing delays are common during peak travel periods.
Employers should coordinate closely with employees planning international travel and consider whether petitions, extensions, or visa appointments should be initiated earlier to avoid disruption.
Government Processing and Holiday Closures
USCIS, the Department of Labor, and U.S. consulates all experience holiday closures and staffing slowdowns. Premium processing timelines may still apply, but receipt notices, requests for evidence, and adjudications can take longer than expected.
Employers should factor these seasonal delays into workforce planning and onboarding timelines.
Plan Now to Start the New Year Strong
The holiday season is an ideal time for employers to take stock of upcoming immigration needs for the year ahead. Proactive planning helps minimize risk, supports employee retention, and ensures compliance across immigration programs.