01 Apr 2014

H-1B Fiscal Year 2015 Filing Information

U.S. Citizenship and Immigration Services (USCIS) is accepting H-1B petitions subject to the fiscal year (FY) 2015 cap beginning today, April 01, 2015. Cases will be considered accepted on the date that USCIS receives a properly filed petition with the correct fee. USCIS will not rely on the date that the petition is postmarked.

The congressionally mandated cap on H-1B visas for FY 2015 is 65,000. The first 20,000 H-1B petitions filed on behalf of individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap.

USCIS anticipates receiving more than enough petitions to reach both caps by April 7. The agency said it will use a random selection process to meet the numerical limit. Non-duplicate petitions that are not selected will be rejected and returned with the filing fees.

Due to the high level of premium processing receipts anticipated, combined with the possibility that the H-1B cap will be met in the first five business days of the filing season, USCIS has temporarily adjusted its current premium processing practice. To facilitate the prioritized intake of cap-subject petitions requesting premium processing, USCIS will begin premium processing for H-1B cap cases no later than April 28, 2014. USCIS guarantees a 15-calendar-day processing time.

USCIS will continue to accept Form I-907, Request for Premium Processing Service, with fee, concurrently with the Form I-129, Petition for Nonimmigrant Worker, while premium processing is unavailable. Petitioners may also upgrade a pending H-1B cap petition to premium processing once USCIS issues a receipt notice.

While the Form I-797 receipt notice indicates the date USCIS received the premium processing fee, the 15-day processing period will begin no later than April 28, 2014, as noted above. This allows for USCIS to take in the anticipated high number of filings, conduct the lottery to determine which cases meet the cap, and prepare the volume of cases for premium and regular processing.

The 15-day processing period for premium processing service for H-1B petitions that are not subject to the cap, or for any other eligible classification, continues to begin on the date the request is received.

We will provide updates regarding cap issues as and when we have it, so please check back for updates.

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25 Feb 2014

Getting Ready for H-1B filings

The deadline to file H-1B petitions for foreign national workers is fast approaching. All new H-1B applications MUST be received at the respective USCIS location on or close to April 01, 2014. This year, like last year, is more likely than not going to result in a lottery as the demand for visas is far higher than the number of visa’s available. Employers interested in filing H-1B’s for prospective employees or current OPT/STEM employees need to start the process now!

Background

The H-1B visa is an attractive option for employers that rely on the temporary employment of foreign professionals in the United States for positions that employers’ often cannot find qualified skilled talent. Specifically, this visa category offers work authorization to foreign nationals employed in specialty occupations, defined as a position requiring at least a bachelor’s degree in a specific academic field. Over teh years, the vast number of H-1B petitions have been filed for employees in the Technology Industry. Employees with degrees in Science, Technology, Engineering or Math (STEM) account for the largest portion of these visas.

Congress has set an annual limit for H-1B visas at 65,000 per fiscal year (with an additional 20,000 reserved for occupations requiring an advanced degree from a U.S. institution). Given the H-1B visa’s versatility and popularity, this annual quota is often reached shortly after the filing period opens.

The Importance of Early Preparation

The demand for H-1B visas is expected to be even higher this year than last year, when the cap was met during the first week of April 2014. We expect that the cap will be met within the first week of filing this year as well. Petitions are accepted on a “first-come-first-serve” basis. Any applications filed after the cap is met will be returned and cannot be re-filed until the following year.

To maximize the chances that your H-1B petition is included in the cap, Labor Condition Applications (“LCAs”) should be submitted to the DOL by the beginning of March, and petitions should be ready for filing on or before April 1, 2014.

For first time H-1B petitioner, the need to get started now is even greater, as chances are that the company will need to complete an additional verification process before you can even submit the LCA. All petitions need to be supported by adequate documentation of education credentials; employment offer; proof of sufficient work for the duration of the H-1B validity, and ability to pay higher of the prevailing wage or the actual wage.

Our team at Orbit Law, PLLC is ready to handle your H-1B filing needs. Whether this is your first time petitioning for a foreign worker, or whether your company has utilized the H-1B visa in the past, we are ready to provide the level of support and attention you require so please do not hesitate to contact us if we can be of service.

 

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