The H-1B cap openedon April 1, 2016.  On April 7, 2016, orshortly thereafter, the USCIS will announce that it has received more than85,000 H-1B petitions, which is the H-1B cap limit.  MU Law believes that the USCIS will reportsthat at least 200,000 H-1B petitions will have been filed, and perhaps as manyas 250,000.  As a result, the USCIS willhold an H-1Blottery.
The H-1B cap is clearlya drain on the US economy.  Nonetheless,until Congress acts to help the American economy and raises the H-1B cap, theH-1B lottery will result in many otherwise qualified H-1B workers having toconsider alternative visa options. Hereare some options:
  • Those that have hadan H-1B in the past are often not counted against the H-1B cap.  If you have had an H-1B approved in the past,you should contact your attorney, even if you have never entered the US andactivated the H-1B.
  • H-1B cap-exemptemployers can file for H-1Bs at any time. An H-B cap-exempt employer is (1) a University; or (2) a non-profit thatis related to a University, such as a University Hospital; or (3) A Non-Profitresearch organization; or (4) A Non-Profit government research organization.
  • Nationals of thesecountries have alternative visa categories that are similar to the H-1B, butare not subject to the H-1B cap: Canada, Mexico, Australia, Chile, andSingapore.  If you hold a passport fromany of these countries you can seek a visa such as a TN-1, E-3, or H-1B1.
  • OPT for F-1 Students.  The F-1 rules liberally allow students towork in the US.  Many students can nowwork for 24 month, after their graduation from a US college.
  • Green Card filingscan often be done quickly.  Allcategories except India EB-2, EB-3, China EB-2, EB-3 and Philippine EB-3 havevery favorable processing times.  Most applicantswho qualify for categories other than these should expect their green cards in 12-18months.
  • The L-1 visa (MultinationalExecutive, Managers, and Specialized Knowledge workers), the O-1 (ExtraordinaryAbility) and the E-1/E-2 (Treaty Trader and Treat Investor) offer some optionsfor high level and critical employees.