Friday, March 8, 2013


The Fiscal Year 2014 (FY2014) H-1B cap season will begin on April 1, 2013. Last year (FY2013), the H-1B cap moved quite quickly. The H-1B cap was reached in June 2012, about five months faster than the prior year.

From 2009-11, the H-1B cap remained opened for at least one-half the year.  For the prior three fiscal years (FY 2006-08), the H-1B cap was reached on the very first day of filing.

It is unknown what the FY2014 H-1B demand will be. After speaking with clients and other immigration attorney-friends, MU Law expects that the H-1B cap will move quicker than last year, and will be reached in April.

If you are considering filing an H-1B cap-subject petition, MU Law urges you to begin that process now.

Many healthcare professions ordinarily qualify for H-1B status, including Physical Therapists, Occupational Therapists, Speech Language Therapists, and some Registered Nursing positions.

International workers who are working in the U.S. on an H-1B visa with another cap-subject employer are not subject to H-1B cap. These cases are commonly referred to as “H-1B transfer” cases and may be filed at any time throughout the year.

Employees that need a "cap-subject" H-1B include:

* International students working on an EAD card under an OPT or CPT program after having attended a U.S. school
* International employees working on a TN may need an H-1B filed for them in order for them to pursue a permanent residency (green card) case
* Prospective international employees in another visa status e.g. H-4, L-2, J-1, F-1
* H-1B workers with a cap exempt organization
* Prospective international employees currently living abroad

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