The Fiscal Year 2015 (FY2015) H-1Bcap season will begin on April 1, 2014. Last year (FY2014), the H-1B cap wasreached on Day One (April 5, 2013 – the USCIS allows any H-1B petition receivedduring the first week to be counted as a Day One filing).
From 2009-11, the H-1B cap remainedopened for at least one-half the year. For the prior three fiscal years (FY 2006-08),the H-1B cap was reached on the very first day of filing.
The FY 2015 H-1B cap demand will behigh. After speaking with clients and other immigration attorney-friends, MULaw expects that the H-1B cap will move even quicker than last year. MU Law would not be surprised if the USCISreceives twice as many H-1B cap-subject petitions as there are slots available.
If you are considering filing anH-1B cap-subject petition, MU Law urges you to begin that process now.
Many healthcare professionsordinarily qualify for H-1B status, including Physical Therapists,OccupationalTherapists, SpeechLanguage Therapists, and some Registered Nursing positions.
International workers who areworking in the U.S. on an H-1B visa with another cap-subject employer are notsubject to H-1B cap. These cases are commonly referred to as “H-1B transfer”cases and may be filed at any time throughout the year.
Employees that need a”cap-subject” H-1B include:
* International students working onan EAD card under an OPT or CPT program after havingattended a U.S. school
* International employees working ona TN may need an H-1B filed for them in order for them to pursue a permanentresidency (green card) case
* Prospective internationalemployees in another visa status e.g. H-4, L-2, J-1, F-1
* H-1B workers with a cap exemptorganization
* Prospective internationalemployees currently living abroad