This is a reminder to all U.S. employers of the rapidly approaching April 2019 deadline for the filing of H-1B cap cases for Fiscal Year 2020. USCIS will start accepting cap-subject petitions on Monday, April 1, 2019.
Given continued pent-up demand, we fully expect the H-1B cap to be reached during the first week of April. As usual, USCIS will continue to accept petitions during the first five (5) business days; i.e., through Friday April 5, 2019. As such, we strongly encourage you to identify any employees who may require H-1B sponsorship and contact us as soon as possible to begin preparing your H-1B petitions for a timely filing.
Assess Your Cap-Subject H-1B Needs:
H-1B visas are available for specialty (professional) occupations requiring at least the attainment of a bachelor’s degree or its equivalent in a relevant discipline. For current or prospective employees, U.S.- based employers should take the time to consider who the Company may need to sponsor for an H-1B for Fiscal Year 2020.
Here are some of the most common candidates for an H-1B under the annual cap:
• F-1 visa holders (student interns / recent graduates) who are working for you pursuant to an Employment Authorization Document issued in connection with an approved period of post-grad Optional Practical Training (OPT);
• F-1 visa holders (student interns) who are working for you while in school pursuant to university-approved Curricular Practical Training (CPT);
• J-1 visa holders (interns/trainees) whose training programs will expire and who will need a change their status from J-1 to H-1B in order to continue working for you;
• TN employees (Canadian and/or Mexican NAFTA professionals) who may desire an H-1B if applying for adjustment of status to that of a lawful permanent resident;
• L-1B visa holders (intra-company transferees with specialized knowledge) approaching the end of their initial 3 years of L-1B eligibility who may need to switch to an H-1B to gain an additional year of work authorization and for whom a change of status is a necessary component to planning your long-term strategy of pursuing lawful permanent residence for that employee;
• O-1 visa holders who are coming up for expiration within the next year as O-1s are renewable in only 1 year increments (as compared to a 3 year period for an approved H-1B); and
• Potential candidates who are living and working abroad and have not been previously counted against the H-1B cap.
PLEASE NOTE: the H-1B cap applies only to “new” H-1B petitions. As such, current H-1B employees seeking to file an extension of stay or existing H-1B workers for whom you may desire to file an H-1B transfer petition are not subject to the H-1B cap.
The Importance of Early Preparation:
As you may know, as a result of the Trump Administration’s Buy American, Hire American (BAHA) Executive Order and related policies, H-1B petitions are now facing a heightened level of scrutiny leading to a significant increase in the number of Requests for Further Evidence (RFE) and even denials. As such, gathering the necessary supporting documentation and preparing the H-1B visa petition are much more labor intensive than before. Early preparation is therefore essential.
If you have any questions about the H-1B visa cap, or would like to discuss appropriate alternatives to the H-1B category, please do not hesitate to contact Anthony F. Siliato or Scott R. Malyk.
Each year, NJICLE’s comprehensive Immigration Conference provides an in-depth exploration of the most pressing concerns confronted by Immigration Law Attorneys, Employment Lawyers, Human Resource Representatives and In-House Counsel, and offers effective strategies for dealing with those concerns.
Recent Comments