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UNITED STATES – Plan Now for the April 1, 2015 Deadline for Cap-Subject H-1B Filings

1 April is the deadline for cap-subject employers to file their H-1B petitions for skilled foreign workers. However, it is important not to wait until the last minute to file petitions for this visa type. President Obama’s November 21 reforms did not increase the government’s strict limits for H-1B skilled worker petitions. The demand for H-1B visas currently exceeds the number of available visas and USCIS exhausted its supply within days of the 1 April deadline in both 2013 and 2014. With no further reforms in sight, USCIS may only approve 65,000 new H-1B petitions per fiscal year (the “cap”) with an additional 20,000 set aside available each fiscal year for individuals with advanced degrees from U.S. institutions.

What is the H-1B Visa?

H-1B visas are the most common temporary work permits available to foreign national professionals. They are obtained routinely by U.S. corporations and other organisations that require foreign professional workers.

A U.S. employer can file an H-1B petition with United States Citizenship and Immigration Services (USCIS) on behalf of a foreign employee provided that the job requires (and the employee possesses) at least a bachelor's degree or its equivalent in a particular field. An H-1B employer also must attest to paying the same salary and benefits packages normally offered U.S. workers in similar positions and to observing the H-1B program's specific public notice and recordkeeping requirements.

Timeline for H-1B Petitions

Petitions for new H-1B visas must be received within 5 days of the 1 April deadline in order to be considered for approval. Workers benefiting from approved petitions may start work on 1 October of the same year.

H-1B Cap Exceptions

Note that there are certain exceptions to the cap, as well as other visa options that may be available to employers to facilitate their staffing needs.

Action Items

  • Start planning staffing for 2015, to ensure timely filing of your petitions and to review all options.

This news alert was prepared using information provided by Maggio and Kattar

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2021 Peregrine Immigration Management Ltd.