The Fiscal Year2014 (FY2014) H-1B cap season will begin on April 1, 2013. Last year (FY2013),the H-1B cap moved quite quickly. The H-1B cap was reached in June 2012, aboutfive months faster than the prior year.
From 2009-11, theH-1B cap remained opened for at least one-half the year. For the prior three fiscal years (FY2006-08), the H-1B cap was reached on the very first day of filing.
It is unknown whatthe FY2014 H-1B demand will be. After speaking with clients and otherimmigration attorney-friends, MU Law expects that the H-1B cap will movequicker than last year, and will be reached in April.
If you areconsidering filing an H-1B cap-subject petition, MU Law urges you to begin thatprocess now.
Many healthcareprofessions ordinarily qualify for H-1B status, including Physical Therapists,OccupationalTherapists, SpeechLanguage Therapists, and some Registered Nursingpositions.
Internationalworkers who are working in the U.S. on an H-1B visa with another cap-subjectemployer are not subject 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 thatneed a “cap-subject” H-1B include:
* Internationalstudents working on an EAD card under an OPT or CPT programafter having attended a U.S. school
* Internationalemployees working on a TN may need an H-1B filed for them in order for them topursue a permanent residency (green card) case
* Prospectiveinternational employees in another visa status e.g. H-4, L-2, J-1, F-1
* H-1B workerswith a cap exempt organization
* Prospectiveinternational employees currently living abroad