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UNITED STATES – Initiate New H-1B Filings Now for FY 2015!

United States Citizenship and Immigration Services (USCIS) will start accepting H-1B cases subject to the annual H-1B cap beginning on Tuesday 1 April 2014 for a 1 October 2014 start date.

H-1B Cap Background

It is important to note that, without immigration reform, the annual limit for H-1B visas will remain at 65,000 for new, cap subject petitions for fiscal year 2014-2015, with an additional 20,000 visas available for individuals with advanced degrees from U.S. institutions.

Due to continuing demand for H-1B workers, it is possible that the 2015 H-1B quota will be met with filings within the initial filing window, as occurred last year. Should demand exceed available H-1B quota numbers again, a lottery will be held, where only select filings are adjudicated under the annual statutory quota.

In recent years, during the recent economic downturn, H-1B visa numbers were available further into the year. However, a turn around in hiring trends in 2013 left many employers disappointed as demand far exceeded available quota numbers.

H-1B Cap Exemptions

Many H-1B petitions are exempt from the cap, including those made on behalf of H-1B workers previously counted against the cap.

Action Items

  • Initiate any new H-1B petitions with your U.S. immigration attorneys as soon as possible.

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 © 2017 Peregrine Immigration Management Ltd.