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April 23, 2014

Employers Urged to Begin Preparation of New H-1B Petitions for April 1st Filing

On April 1st each year, United States Citizenship & Immigration Services (USCIS) begins accepting petitions from employers seeking to employ new H-1B non-immigrants during the next fiscal year, which begins on October 1st. The number of available new H-1Bs is capped at 65,000 per fiscal year, with an additional 20,000 slots available to foreign nationals holding U.S. advanced degrees. This fixed number of H-1Bs available per fiscal year is known as the "H-1B cap."

The pace at which the H-1B cap has been met has steadily increased in recent years. To ensure that new H-1B petitions are included under the FY 2014 H-1B cap, we recommend that employers make hiring decisions for foreign national workers and job applicants as soon as possible and prepare to file petitions for new H-1B employment during the first week of April.

In most cases, individuals who currently have H-1B status, whether with you or another employer, need not worry about the annual H-1B cap. However, other individuals, including those who are currently on F-1 (student) or J-1 (exchange visitor) status may need new H-1B petitions filed on their behalf in order to transition to H-1B employment and avoid gaps in employment authorization. Please note that the H-1B cap does not apply to employees of colleges and universities.

© MICHAEL BEST & FRIEDRICH LLP

About the Author

Jose A. Olivieri Michael Best Friedrich LLP
Partner

José A. Olivieri is a partner in the Milwaukee office. He is Chair of the Labor and Employment Relations Practice Group and Co-Chair of the Government and Public Policy Group. He has extensive experience in the area of employment-based immigration matters, including B (temporary visitor), E (treaty trader/investor), F and M (student), H (temporary worker), J (exchange visitor), L (intracompany transferee), O and P (outstanding artist, scientist, educator, businessperson and/or athlete), R (religious worker) and TN (NAFTA) status, as well as permanent labor certification, national...

414-225-4967

About the Author

Kelly M. Fortier Michael Best Law Firm immigration
Partner

Kelly Fortier is a partner in the Employment Relations Practice Group. Her practice includes representation of management in all aspects of employment law, with primary focus on employment-based immigration, including nonimmigrant petitions, permanent residence cases, naturalization applications, and employment verification issues. Her immigration work includes B (temporary visitor), E (treaty trader/investor), F (student), H (temporary worker), J (exchange visitor), L (intracompany transferee), O (extraordinary ability in the sciences, R (religious worker), and TN (NAFTA...

414-277-3460

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