E-Alerts

Act Now If Your Organization Wants To Hire An Employee On An H-1B Visa

As of October 21, 2011, USCIS reported having received 46,200 regular cap H-1B petitions and 20,000 H-1B Master’s Exemption petitions. The annual cap on H-1B visas is 65,000 for FY 2012.  In addition, during FY 2012, 20,000 additional visas are available to foreign nationals who hold an advanced degree from a U.S. academic institution (commonly referred to as “advanced degree” H-1B visas).  Once the 20,000 is reached for the Master’s Exemption, these petitions will be counted against the 65,000 regular cap.

The individuals affected may include:

1. F-1 student status holders who need H-1B status to continue working once the OPT expires;
2. Individuals residing outside of the USA who do not fall within the “remainder option” exception and are subject to the cap;
3. Individuals who are currently holding TN status and need to commence the green card process;
4. L-1s who want to pursue the green card and need the ability to extend work authorization beyond the 6 ^th year and may thus need to convert to H-1B; and
5. J-1s who have limited practical training time remaining and/or live outside of the USA.

Employers should not file two applications for a single employee, under either the regular and advanced degree categories or other types of multiple filings, because this would be a violation of filing rules.

We strongly encourage employers to prepare new H-1B petitions promptly because the annual cap will soon be reached.  Once reached for this fiscal year, employers will only be able to submit petitions for cap-subject H-1Bs on April 1, 2012 for a start date of October 1, 2012.

We understand that this is an issue of significant and immediate concern to employers, and we encourage you to contact us if you have any questions or require assistance.  The Firm regularly assists employers with preparing and processing employment-based non-immigrant and immigrant visa applications.  We welcome the opportunity to assist you or to answer any questions that you may have.

As always, please give us a call with any questions or concerns.