November 30, 2015

November 30, 2015

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.



About this Author

Jose Olivieri, Michael Best Friedrich, Fair Labor Standards Act attorney, employment-based immigration lawyer, citizen naturalization legal counsel, student discipline law, employee termination representation

José A. Olivieri is a partner and the founder and Co-Chair of our firm’s immigration law practice. Mr. Olivieri is also former Chair of the firm's Labor and Employment Relations Practice Group. He has extensive experience in the area of employment-based immigration matters, including B (temporary visitor), E (treaty trader/investor), L (intracompany transferee), F and M (student), H (temporary worker), J (exchange visitor), O and P (outstanding artist, scientist, educator, businessperson and/or athlete), R (religious worker) and TN (NAFTA) status, as well as permanent...

Kelly M. Fortier Michael Best Law Firm immigration

Kelly Fortier is a Partner in the firm’s Labor and Employment Relations Practice Group and Co-Chair of the Immigration and International Migration team. 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) visas, as well as permanent labor certification, national interest waivers, adjustment of status, consular processing, motions to reopen, citizenship and other immigration-related employment law matters. She provides Form I-9 and E-Verify compliance advice and training as well as social security mismatch notice guidance. She is experienced with immigration enforcement investigations and audits.