April 23, 2017

April 21, 2017

Subscribe to Latest Legal News and Analysis

April 20, 2017

Subscribe to Latest Legal News and Analysis

Employers Urged to Begin Preparation of New H-1B Petitions for April 1st Filing (2013)

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

TRENDING LEGAL ANALYSIS


About this Author

Jose Olivieri, Michael Best Law Firm, Higher Education, Labor and Immigration Attorney
Partner, Industry Group Chair

José is the founder and co-chair of Michael Best’s immigration law practice. Clients depend on his deep knowledge of and experience with U.S. immigration law and employment-based immigration matters, including:

  • Immigration status

  • Permanent labor certification

  • National interest waiver

  • Adjustment of status

  • Consular processing

  • Citizenship and...

414-225-4967
Kelly M. Fortier, Michael Best Law Firm, Business immigration, Attorney
Partner

Kelly helps employers of all sizes meet their staffing needs by handling the immigration issues they face in hiring foreign nationals and moving employees around the globe.

A partner in the firm’s Labor and Employment Relations practice group and Co-chair of the Immigration and International Migration team, she handles compliance issues for corporations that transfer dozens of employees into and out of the United States each year as well as small companies seeking to bring in a few key hires from abroad.

Kelly is highly valued by her clients for making the process of hiring foreign nationals easier and more predictable. She provides responsive and seamless service, coordinating, and managing the extensive immigration work for her clients’ Human Resources and legal staffs, often using strategies like Blanket L petition filings, E-2 investor visas, and B-1 business visitor guidance to smooth the immigration process. She also provides her clients with guidance on immigration law compliance, including Form I-9, E-Verify, and Social Security Number issues.

414-277-3460