This year’s H-1Bfiling date of April 1, 2016 is coming fast. MU Law predicts thatH-1B petitioners certainly will file in excess of 200,000 petitions during theH-1B cap window of April 1-7, 2016. Last year’s record filingtotal of 233,000 will likely be exceeded. This estimate is based on conversation with clients,other employment-based immigration attorneys, and economictrends, such as the tiny unemployment rate inIT.
When the USCIS receives more H-1B petitions than slots availableit holds an “H-1B lottery”. Last year, the USCIS held an H-1B lotterybecause it received over three times as many H-1B petitions as slotsavailable.
If you are considering filing an H-1B cap-subject petition, MU Lawurges you to begin that process now.
Many healthcare professions ordinarily qualify for H-1B status,including Physical Therapists,Occupational Therapists, Speech Language Therapists, and some Registered Nursing positions.
International workers who are working in the U.S. on an H-1B visawith another cap-subject employer are not subject to H-1B cap. These cases arecommonly referred to as “H-1B transfer” cases and may be filed at any timethroughout the year.
Employees that need a “cap-subject” H-1B include:
* International students working on an EAD card underan OPT or CPT program after having attendeda U.S. school
* International employees working on a TN may need an H-1B filedfor them in order for them to pursue a permanent residency (green card) case
* Prospective international employees in another visa status e.g.H-4, L-2, J-1, F-1
* H-1B workers with a cap exempt organization
* Prospective international employees currently living abroad
Past H-1B Demand:
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Year:
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H-1B Cap Numbers:
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Date H-1B Cap Reached:
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|
H-1B 2003 (FY 2004)
|
65,000
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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 (expected)
|