Each year, U.S. Citizenship and Immigration Services allots 65,000 regular H-1B cap numbers, plus an additional 20,000 advanced-degree cap exemptions for those with a master’s degree earned at a U.S. college or university. If there are enough cases to meet or exceed the cap, the filing period ends after five days. Last year, the government received over 200,000 petitions, so it is of the utmost importance to have your petitions prepared as soon as possible.
We encourage any employers who wish to be ready to file by April 1, 2016 to start the process now. Starting this process early benefits all parties — having the petitions in ahead of time gives the attorney the necessary time to fully understand and review the case and allows the employer and the employee more time to acquire necessary documentation.
It’s important for employers to identify current and future employees who will need H-1B status. These often include recent college graduates in F-1 status or J-1 trainee status. It also includes individuals looking to change to H-1B status from another work status, such as a TN, L-1 or an E-3. It’s also important for the employee to consider whether or not they would like H-1B status. Foreign national workers should approach their employer regarding this change, typically beginning in the human resources department.
Remember, the H-1B category is designated for professionals holding a Bachelor’s degree or equivalent and who have a job offer from a U.S. corporation in a professional capacity.
The Berardi Immigration Law team is extremely well versed in the filing of H-1B petitions. We have a very high success rate in this area. Being represented by an experienced legal team and being well prepared for the H-1B cap season can mean the difference between an approval and having to try again next year.
For more information regarding H-1B season and who is eligible for H-1B status, please visit our website.