Historically, H-1B visas have been the U.S. employment visa of choice due to their flexibility for professionals to work in "specialty occupations." Lately, however, for those employers and prospective employees who are subject to the annual numerical "cap" on H-1Bs, the demand far outstrips the quota. Petitions must be filed in the first week of April in order to be included in a lottery from which a limited number will be selected for employment beginning the following October 1. In addition, the U.S. Citizenship and Immigration Services ("USCIS") has significantly increased its requests for additional evidence for selected petitions, which require special attention to the subject position’s qualification as an H-1B "specialty occupation."
April 1, 2019 is the opening date for filing cap-subject H-1B visa petitions for Fiscal Year 2020. Petitions for the new fiscal year will be effective starting on or after October 1, 2019. We strongly advise clients to identify their proposed H-1B petition candidates as soon as possible.
This year, the Mintz Immigration Practice will host a Cap H-1B Employer Webinar. During this session, employers will receive a brief overview of the H-1B visa, USCIS lottery process, the new congressional proposed rule for cap-subject petitions, critical deadlines for case initiation and preparation, and the overall process our team will use to proactively and thoughtfully strategize these difficult cases. This webinar will be very important for those clients contemplating H-1B petitions, and we encourage all clients to make sure that at least one person from their organization attends for this important information.
Register for this informative webinar today!