This year’s H-1B filing date of
April 1, 2017 is coming fast. MU Law
predicts that H-1B petitioners certainly will file in excess of 200,000
petitions during the H-1B cap window of April 1-7, 2017. Last year’s record filing total of 240,000
may even be exceeded, although we have had reports of reduced demand this year.
When the USCIS receives more H-1B
petitions than slots available it holds an “H-1B lottery”. Last year, the USCIS held an H-1B lottery
because it received over three times as many H-1B petitions as slots available.
If you are considering filing an
H-1B cap-subject petition, MU Law urges you to begin that process now.
The H-1B is usually associated with
IT positons. Most of the H-1B slots are used
by IT professionals. Many healthcare
professions also 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
Past H-1B Demand:
Year:
|
H-1B Cap Numbers:
|
Date H-1B Cap Reached:
|
H-1B
2003 (FY 2004)
|
65,000
|
October
1, 2003
|
H-1B
2004 (FY 2005)
|
65,000
|
October
1, 2004
|
H-1B
2005 (FY 2006)
|
85,000
|
August
10, 2005
|
H-1B
2006 (FY 2007)
|
85,000
|
May
26, 2006
|
H-1B
2007 (FY 2008)
|
85,000
|
April
1, 2007
|
H-1B
2008 (FY 2009)
|
85,000
|
April
1, 2008
|
H-1B
2009 (FY 2010)
|
85,000
|
December
21, 2009
|
H-1B
2010 (FY 2011)
|
85,000
|
January
25, 2011
|
H-1B
2011 (FY 2012)
|
85,000
|
November
22, 2011
|
H-1B
2012 (FY 2013)
|
85,000
|
June
11, 2012
|
H-1B
2013 (FY 2014)
|
85,000
|
April
1, 2013
|
H-1B
2014 (FY 2015)
|
85,000
|
April
1, 2014
|
H-1B
2015 (FY 2016)
|
85,000
|
April
1, 2015
|
H-1B
2016 (FY 2017)
|
85,000
|
April
1, 2016
|
H-1B
2017 (FY 2018)
|
85,000
|
April
1, 2017
|
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