- International students working on an EAD card under an OPT or CPT program after having attended a U.S. school
- International employees working on a TN may need an H-1B filed for them in order for them to pursue a permanent residency (green card) case
- Prospective international employees in another visa status e.g. H-4, L-2, J-1, F-1
- H-1B workers with a cap exempt organization
- Prospective international employees currently living abroad
What does that mean for you? After the H-1B cap is reached, private employers cannot hire new temporary professional workers in H-1B status for this fiscal year and will have to wait until April 1, 2012 to file H-1B petitions for a start date of October 1, 2012.
Prudent employers need to start considering and planning their H-1B visa needs for the upcoming fiscal year. It is also advisable for employers to start making contingency plans for bringing temporary professional workers to the United States if the H-1B cap is reached.