February 1, 2018


It is time to begin preparing H-1B petitions for the annual H-1B cap season.  As you may know, new H-1Bs become available each October 1, which is the beginning of the government's fiscal year.  There are 65,000 H-1Bs available each year, and an additional 20,000 available for individuals with advanced degrees (Master's or higher) from U.S. universities. 
 
The initial filing period for these new H-1Bs is April 2 through April 6 and we anticipate that USCIS will receive more petitions during that filing window than there are H-1Bs available, resulting in a random computerized "lottery."  Once USCIS selects the appropriate number of petitions in the lottery, it still has to process those petitions to determine if they will be approved or denied.  Approved petitions will have a starting validity date of October 1, 2018. 
 
Due to the uncertain immigration landscape, we recommend that you consider sponsoring all eligible employees this year.   This includes some employees that you may have been planning to file for in a subsequent year, such as employees in the following statuses: TN, L-1, STEM EAD, E-3, H-1B1.  As you may know, there continue to be reports that President Trump and/or Congress plan to make changes to the H-1B program that may involve higher filing fees and higher prevailing wages, and President Trump continues to indicate plans to change or eliminate the NAFTA treaty which authorizes TNs.
 
Please contact the attorney you work with regarding any potential H-1B cap cases so we may begin work on the case as soon as possible, but preferably no later than the beginning of March to allow time for the petition to be prepared. 
Please note that this News Flash is provided for informational purposes only.  It does not constitute legal advice and is not a substitute for consulting with an attorney.

Sincerely,
 
The Attorneys at RSST Law Group