What You Need to Know About H-1B Quota Caps

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The Chicago immigration lawyers at the Shapiro Law Group are gearing up for the FY 2015 H-1B visa application period and are currently in the process of working with our clients to help them prepare their applications so that they can be submitted in a timely fashion. It is highly recommended that applicants submit their H-1B visa application on April 1, 2014 since the cap is expected to be reached quickly.

Act Quickly to Meet H-1B Visa Quota

H-1B visa petition filings open on April 1, 2014 and the H-1B visa cap is expected to be reached rather quickly, as it has been in recent years. Below is information on the date that the H-1B visa cap was reached in recent years:

  • H-1B 2011 (FY 2012) – quota limit of 85,000 reached by November 22, 2011
  • H-1B 2012 (FY 2013) – quota limit of 85,000 reached by June 11, 2012
  • H-1B 2012 (FY 2014) – quota limit of 85,000 reached by April 5, 2013

AUAP Credential Evaluation Service estimates that the 2015 H-1B quota will be reached by April 1, 2014. Accordingly, we strongly recommend that you file your H-1B petition on April 1, 2014, since the cap will likely to be reached quickly due to the higher volume of early H-1B visa filings. Applicants and their employers are strongly advised to prepare the H1-B visa as soon as possible in order to ensure that the USCIS has received the visa application before April 1, 2014, when the quota is expected to be reached.

H-1B Visa Eligibility Requirements

The H-1B non-immigrant visa is available to foreign workers who are employed by U.S. companies in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers. In order to qualify for an H-1B visa, the employee must meet the following requirements:

  • The applicant’s job position requires a bachelor’s or higher degree;
  • The applicant possesses at least a bachelor’s degree or its U.S. equivalent, or  a combination of education and marketing experience equivalent to a U.S. bachelor’s or higher degree; and
  • The wage offered to the applicant is at least the prevailing wage, or the actual wage paid to other marketing professionals similarly employed, whichever is higher.

Topics:  Compliance, H-1B, Immigrants, Quotas, Visas

Published In: Immigration Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ronald Shapiro | Attorney Advertising

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