This year’s H-1Bfiling date of April 1, 2014 is coming fast. MU Law predicts that the USCIS will see as many as twice as many H-1Bsas allowed under the H-1B quota (H-1B cap). When the USCIS receives more H-1B petitions than slots available itholds an “H-1B lottery”. Last year, the USCISheld an H-1B lottery for the first time since April 2008 (US Fiscal Year 2009).
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 Nursing positions.
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
Past H-1B Demand:
|
Year:
|
H-1B Cap Numbers:
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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 3, 2007
|
|
H-1B 2008 (FY 2009)
|
85,000
|
April 7, 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 5, 2013
|