This is a reminder that April 1, 2015, is the first day the USCIS will begin accepting H-1B petitions, subject to the annual statutory cap, filed on behalf of nonimmigrant workers for employment commencing on or after Oct. 1, 2015 – i.e., for fiscal year 2016.
This past year by April 7, 2014, USCIS had received approximately 172,500 H-1B petitions, far exceeding the available statutory quota. A lottery was conducted to select petitions for adjudication and those not selected were relegated to refiling again on April 1, 2015.
It is unknown at this time how the number of H-1B filings beginning on April 1, 2015 will compare to the number of petitions USCIS received last year. With the economy continuing to improve, and more hiring taking place, it is likely that the statutory quota will again be exceeded soon after the period for filing H-1B petitions opens.
As such, employers who desire to hire H-1B foreign nationals subject to the statutory quota should consult with immigration counsel as soon as possible regarding filing on the first day of the H-1B cycle, or as early thereafter in the cycle as is feasible.
The H-1B visa classification is for temporary employment of foreign professionals in specialty occupations, including but not limited to, information technology professionals, business analysts, financial managers, engineers, architects, allied health professionals such as physical therapists as well as fashion models. There is a yearly statutory cap of 65,000 H-1B approved petitions for the general category, of which 6,800 are reserved for Chile and Singapore Free Trade H-1B visas, resulting in only 58,200 for all other nationalities. There is an additional quota of 20,000 for foreign professionals with advanced degrees (master’s degrees or higher) from U.S. institutions.
Exemptions from the annual quota may apply in instances of:
- Requests for extensions of stay for current H-1B workers;
- Amendments to H-1B petitions requesting a change in the terms of employment for current H-1B workers; and
- Change of employer petitions for individuals already in H-1B status.
In addition, petitions for new H-1B employment are not subject to the annual quota if the foreign professional will be employed at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or a governmental research organization.
Employers desiring to hire H-1B foreign nationals who believe a quota exemption may apply to them should consult with immigration counsel to analyze their situation well before the April 1, 2015 H-1B petition filing season begins.
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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
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