H-1B Visa Caps

The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly... more +
The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent." Examples of specialty occupations include chemistry, mathematics, engineering, medicine, and architecture, to name a few. Individuals may not apply for H-1B visas; they are distributed only through the approval of employer petitions. In order to protect U.S. workers from unfair competition resulting from the program, the rules require that employers pay nonimmigrant workers equivalent wages to similarly-situated U.S. workers or the industry's prevailing wage. H-1B visas are subject to a yearly cap which is currently set at 85,000.   less -
News & Analysis as of

The H-1B Visa - the New Powerball The H-1B Visa: The New Powerball

The Time is Now - Based on the extremely limited nature of the H-1B filing window, employers are advised to begin laying the groundwork now to maximize the opportunity to obtain one of the highly coveted H-1B slots....more

Employers Gearing Up for H-1B Filing Season

Employers across the country should be gearing up for the H-1B filing season. With the H-1B filing deadline approaching on April 1, 2015 – and the quota expected to be reached quickly, as in previous years – if you haven’t...more

Now Is The Time To Initiate H-1B Cap Petitions For Foreign Students Or National Candidates Currently Abroad

The United States Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions for Fiscal Year 2016 starting April 1, 2015. The allotted number of H-1B petitions that the USCIS will accept, known as...more

Annual H-1B Visa Quota Will Open on April 1, 2015

For employers looking to bring non-U.S. citizens into the United States, an important immigration deadline is around the corner. Failure to plan properly for and meet this deadline may result in the employer’s inability to...more

H1-B Cap 2016 Filings Due In April, Competition Remains Steady

Time to start preparing for the H-1B Cap for Fiscal Year 2016! Demand for the H-1B visa category has steadily increased. Last year, USCIS received 172,500 petitions for 85,000 H-1B spots. Although USCIS issues receipts in...more

It’s That H-1B Time of Year Again!

February has rolled around again and we’re thinking about powder days for skiing in the mountains and Caribbean vacations to find some sun, and April showers to bring May flowers… yes, April is right around the corner! So...more

Immigration Law Update

The filing period for the fiscal year 2016 H-1B visa cap commences on April 1, 2015. It is expected, as has happened the last several years, that there will be a lottery based on submissions received the first week of the...more

Annual H-1B Visa Quota Available But Expected to Be Exhausted in Early April

On April 1, 2015, the United States Customs and Immigration Services (USCIS) will begin accepting petitions for H-1B visas that are subject to annual quotas for the 2016 fiscal year (which would allow employees to start...more

Employers Should Prepare Now for Filing H-1B Visa Applications

This Alert is a reminder to employers of the fast approaching April 1, 2015 deadline for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for long-term work authorization in the U.S. ...more

January 2015 Immigration Alert

Happy New Year!!! All of us in the Immigration Law Group at Epstein Becker Green wish you the very best for a healthy and prosperous 2015. We hope that all your petitions and applications are approved and that...more

Here We Go Again: H-1B Petitions Must be Filed by March 31

It is that time of year again. Immigration practitioners are gearing up for a busy H-1B season. Just as accountants have their April 15 deadline for filing tax returns, employers, foreign nationals, and immigration counsel...more

Time Flies When You're Having Fun: Start Getting Those H-1B Petitions Ready For The 2015 Filing Season

Yes, it's that time again – time to prepare to file your H-1B petitions for Fiscal Year 2016. Starting April 1, 2015, the U.S. Citizenship and Immigration Services will begin accepting H-1B petition filings – subject to the...more

H-1B Cap-Subject Petitions Will Be Accepted by USCIS Beginning April 1; Employers Urged to Start Process Now as Lottery Is...

April 1 is the first day U.S. Citizenship and Immigration Services (USCIS) will accept H-1B cap-subject petitions for next year's allotment of visas for foreign national professionals in specialty occupations. Cap-subject...more

Immigration Update: H-1B Visa Petitions for 2016 Fiscal Year

In preparation of the upcoming filing period for H-1B visa petitions for the Fiscal Year of 2016 we at Moore & Van Allen are sending this update to remind you of this upcoming event....more

Employers: April 1 Start Date for 2016 H-1B Visa Applications

Employers may first apply for 2016 H-1B visas for individuals not currently in H-1B status on April 1, 2015 with a start date of October 1, 2015. USCIS received approximately 172,500 H-1B petitions during the first week...more

Employers Should Begin Preparation for Opening of FY 2016 H-1B Cap

The beginning of the calendar year is the perfect time for employers to begin planning for the FY 2016 H-1B cap filing season, which will begin on Wednesday, April 1, 2015. ...more

Immigration Developments for Highly Skilled Workers: Changes the Business Community Can Expect as a Result of President Obama’s...

On Thursday, November 20th, coinciding with President Obama’s announcement regarding his forthcoming executive action on immigration, Department of Homeland Security (DHS) Secretary Jeh Johnson issued a memo to the directors...more

H-1B Cap Case Filing Receipt Deadline Set For April 1, 2015: Retailers Should Start Planning Now for FY 2016

Retailers that utilize the H-1B visa for employees in their information technology, design, marketing, buying, and planning departments should start considering their FY 2016 immigration needs now that the H-1B cap filing...more

USCIS Will Begin Accepting Cap-Subject H-1B Petitions for FY 2016 on April 1, 2015

The filing period for “new” H-1B petitions to be counted against the annual H-1B quota (the “H-1B cap”) for FY 2016 will begin on Wednesday, April 1, 2015. Cap-subject H-1B petitions will have an employment start date of...more

Cap-Subject H-1Bs Will Be Effective October 1

On October 1, 2014, FY 2015 H-1B cap-subject visa petitions will be valid. Individuals in possession of valid H-1B petitions must take appropriate action to demonstrate work authorization for the petitioning employer. For...more

High Demand for H-1B Visa Petitions Continues

Once again, demand for H-1B visa petitions greatly exceeded the supply, as predictably, the H-1B visa quota cap for fiscal year 2015 was reached quickly. Within the first five days of the filing, USCIS reached the H-1B cap...more

Work and Travel Guidance for F-1 Students with Pending H-1B “Change of Status” Applications and “Cap-Gap” Employment Authorization

This advisory summarizes key travel and employment issues if you are an F-1 student with Optional Practical Training (OPT) employment eligibility and an H-1B filing on your behalf has been accepted by US Citizenship and...more

Should the H-1B Annual Cap Be Increased?

The H-1B visa is a common immigration tool for hiring highly-skilled foreign nationals. Under the H-1 visa program, foreign workers who are employed by U.S. companies in specialty occupations that require theoretical or...more

How Businesses Can Plan for Foreign Hires in Light of H-1B Cap

Given that the H-1B visa cap was, once again, met quickly, many U.S. employers are scrambling to figure out how to hire and retain the foreign national employees that they need. As we recently reported, the U.S. Citizenship...more

Data Entry Completed for Fiscal Year 2015 H-1B Cap Cases

U.S. Citizenship and Immigration Services (USCIS) announced today that data entry of all FY15 H-1B cap petitions has been completed. USCIS will now begin returning all H-1B cap petitions that were not selected in the lottery....more

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