Time to Think About the H-1B Cap Season and Your Employment Needs

Kramer Levin Naftalis & Frankel LLP

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions for professional positions. We note that these petitions will have a start date of Oct. 1, 2018.

Please review your employment needs now to determine whether you wish to sponsor any of your current or prospective employees for H-1B status. This includes those professionals already employed by you in F-1 Optional Practical Training status, E-3 status, TN status, J-1/J-2 status or L-1B status, and any individuals you may wish to bring on board on or after Oct. 1, 2018.

We expect that the H-1B quota will be fully subscribed within the first five business days of April. In 2017, USCIS received over 199,000 H-1B petitions for only 85,000 spots (inclusive of petitions filed for the advanced degree exemption).

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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.

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