The filing period for H-1B petitions subject to the fiscal year (FY) 2014 numerical cap begins on April 1,2013. Employees with approved FY2014 H-1B petitions are authorized to begin work in the U.S. on October 1, 2013.
USCIS has made the following announcements regarding the FY2014 H-1B Program:
- USCIS anticipates that it may receive more than 65,000 cap-subject H-1B petitions and more than 20,000 petitions filed on behalf of individuals with a U.S. master’s degree or higher between April 1, 2013, and April 5, 2013. This could be the first time since April 2008 that the H-1B cap will require a lottery.
- USCIS has temporarily adjusted its current premium processing practice. To facilitate the prioritized data entry of cap-subject petitions requesting premium processing, and in accordance with 8 CFR 103.7(e)(3)(ii), USCIS is announcing that premium processing for cap-subject H-1B petitions, including H-1B petitions seeking an exemption from the fiscal year cap for individuals who have earned a U.S. master’s degree or higher, will begin on April 15, 2013.
- Petitioners may file petitions for Premium Processing Service (with fee) either concurrently with the H-1B petition, during the time period that premium processing is unavailable – from April 1 to April 14, 2013, OR choose to upgrade a pending H-1B cap petition to premium processing once a receipt notice is issued.
It is not too late to retain Berardi Immigration Law to assist in the filing of your cap-subject FY2014 H-1B petition. We also remind our clients that Not All H-1B Petitions are Subject to the Annual Cap.
Contact us today to learn more.
More articles regarding the H-1B category can be found here:
What is an H-1B Visa?
The H-1B visa is a temporary worker’s visa for specialty occupations. The H visa is job and site specific; once approved, the employee is eligible to work at the job for which that visa was approved and ONLY that job. The regulations define a “specialty occupation” as requiring theoretical and practical application of a body of […]
The H-1B Category: Timing, Fees and Other Issues
The H-1B is designated for individuals who work in a “specialty occupation.” This term has been defined by Citizenship & Immigration Services (“CIS”) as a position that requires both the theoretical and practical application of a body of highly specialized knowledge and traditionally requires a Bachelor’s degree. H-1B status is granted for an initial period […]
Labor Condition Application is first step in H-1B Process
The requirement of obtaining a certified Labor Condition Application (“LCA”) prior to filing a petition for an H-1B worker was imposed by the Immigration Act of 1990. The requirement serves two related purposes: ensuring that U.S. wages are not depressed by the hiring of foreign labor and protecting foreign workers from exploitation. In order to have […]
H-1B Visa: Creation and Maintenance of the Public Access File
An employer must make documentation relating to the Labor Condition Application (LCA) filed with an employee’s H-1B petition available in a public inspection file within one (1) working day after the date of filing the LCA with the DOL. Any member of the public may request access to the file. The employer must make the […]
H-1B Visa: Unannounced Site Inspections Expected to Increase Five-Fold in 2010
UCIS has verified an increase in worksite visits to H1B employers. The site visit program began in July 2009, and includes a plan to conduct 25,000 such visits in fiscal year (FY) 2010. This is approximately five times the number of site visits that were conducted in FY2009. Conducted through the USCIS Office of Fraud […]
KCC Set to Conduct Unannounced Audit of NIV Petitions
DOS Decides to Create Base Petitioner Record for All First Time Petitioners Lack of information in the USCIS Computer Linked Information Management System (CLAIMS) has resulted in a Department of State decision to create a “base petitioner record” for all first time petitioners. The Kentucky Consular Center (KCC) has begun the process of creating these […]
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