When Immigration Matters

H-1B Cap likely to be reached by end of November

Posted by Michael Pollak on Nov 18, 2011 4:24:00 PM
h-1b visaThe latest USCIS update is that 56,300 of the 65,000 regular H-1B numbers have been used as of November 14, 2011, leaving about 8,000 H-1B visas.  The demand for H-1B numbers has surged in the last few weeks.
Employees that may need an H-1B visa include:
  •  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.




Tags: H-1B Visa, H-1B, Temporary Visas

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