The filing period for "new" H-1B visa petitions to be counted against the annual H-1B quota (the "H-1B cap") for FY ("Fiscal Year") 2016 begins on April 1, 2015. To ensure timely receipt, and to have the best chance of your case being accepted under the cap, petitions should be sent to USCIS on Monday, March 31, 2015.

The annual limit for new H-1Bs is 65,000 (less 6,800 set aside for citizens/nationals of Chile or Singapore), with an additional 20,000 visas available to H-1B applicants who possess a Master's or higher degree from a U.S. academic institution. An applicant qualifies for an H-1B under the additional 20,000 allotment if he/she has completed all requirements for the advanced degree at the time the petition is filed.

In 2014, the annual FY-2015 limit for new H-1Bs was reached immediately, with USCIS receiving over 172,500 applications during the first week of filing. We anticipate that the FY-2016 cap may be reached at the same pace and increased rate of filings. Consequently, it is important that employers plan and process their FY 2016 H-1B petitions early, start H-1B processing no later than early February 2015, and ascertain that they file them on March 31, 2015. Inasmuch as an H-1B visa filing requires a certified Labor Condition Application, an online application that takes seven (7) days processing time with DOL, it is advisable to start the preparation of H-1B visas as soon as possible.

What is an H-1B Visa?

The H-1B is an employer-sponsored nonimmigrant visa classification which allows foreign individuals to work for up to six (6) years in a specialty occupation. "Employer-sponsored" means that the employer must apply for the H-1B on behalf of the prospective H-1B employee through the United States Citizenship and Immigration Services (USCIS).  "Specialty occupation" means a position that requires specialized knowledge and skills, and at least a related bachelor's degree in that specialty. The H-1B also requires that the H-1B employer pay the H-1B employee the same or higher wage than is paid to workers in similar occupations in the geographical area of the proposed employment.

HILDE HOLLAND | WUERSCH & GERING LLP

100 Wall Street, 10th | New York, New York 10005

212-509-4715 (direct) | 212-509-5050 (firm) | 212-509-9559 (fax)  

[email protected] | www.wg-law.com 

This update is intended to provide general information only on the matters presented.  It is not a comprehensive analysis of these matters and should not be relied upon as legal advice.