This year’s H-1B filingdate of April 1, 2018 is coming fast. MU Law predicts that H-1Bpetitioners will file fewer than the 200,000 petitions that were filed lastyear.
When the USCIS receivesmore H-1B petitions than slots available it holds an “H-1B lottery”. Last year, the USCIS held an H-1B lotterybecause it received over twice as many H-1B petitions as there are slotsavailable.
If you are consideringfiling an H-1B cap-subject petition, MU Law urges you to begin that processnow.
The H-1B is usuallyassociated with IT positons. Most of theH-1B slots are used by IT professionals. Many healthcare professions alsoqualify for H-1B status, including Physical Therapists, OccupationalTherapists, Speech Language Therapists, and some Registered Nursing positions.
International workerswho are working in the U.S. on an H-1B visa with another H-1B 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 studentsworking on an EAD card under an OPT or CPT program after 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 workers with acap exempt organization
* Prospectiveinternational employees currently living abroad
Past H-1B Demand:
Year:
|
H-1B Cap Numbers:
|
Date H-1B Cap Reached:
|
H-1B 2003 (FY 2004)
|
65,000
|
October 1, 2003
|
H-1B 2004 (FY 2005)
|
65,000
|
October 1, 2004
|
H-1B 2005 (FY 2006)
|
85,000
|
August 10, 2005
|
H-1B 2006 (FY 2007)
|
85,000
|
May 26, 2006
|
H-1B 2007 (FY 2008)
|
85,000
|
April 1, 2007
|
H-1B 2008 (FY 2009)
|
85,000
|
April 1, 2008
|
H-1B 2009 (FY 2010)
|
85,000
|
December 21, 2009
|
H-1B 2010 (FY 2011)
|
85,000
|
January 25, 2011
|
H-1B 2011 (FY 2012)
|
85,000
|
November 22, 2011
|
H-1B 2012 (FY 2013)
|
85,000
|
June 11, 2012
|
H-1B 2013 (FY 2014)
|
85,000
|
April 1, 2013
|
H-1B 2014 (FY 2015)
|
85,000
|
April 1, 2014
|
H-1B 2015 (FY 2016)
|
85,000
|
April 1, 2015
|
H-1B 2016 (FY 2017)
|
85,000
|
April 1, 2016
|
H-1B 2017 (FY 2018)
|
85,000
|
April 1, 2017
|
H-1B 2018 (FY 2019)(projected)
|
85,000
|
April 1, 2018
|