This year’s H-1B filing
date of April 1, 2018 is coming fast. MU Law predicts that H-1B
petitioners will file fewer than the 200,000 petitions that were filed last
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 twice as many H-1B petitions as there are 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 H-1B 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
|
|
H-1B 2018 (FY 2019)(projected)
|
85,000
|
April 1, 2018
|
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