The Immigration and Nationality Act limits the number of new H-1B visas to just 65,000 per year, plus an additional 20,000 for holders of U.S. graduate degrees. This “cap” on newly-issued H-1B visas is entirely disconnected from the actual demand for H-1B workers. In most years, the demand for H-1B workers far outstrips the supply, leading to situations where, due to the numerical limits, H-1B-eligible workers with willing sponsors are unable secure H-1B status. For more information on H-1B visas, the H-1B “cap” and exemptions from the “cap”, click here.
This situation is not business-friendly and does not help U.S. companies to grow and be competitive. It also contributes to the off-shoring of jobs and prompts high-value, U.S.-educated workers to seek opportunities in countries with more welcoming immigration laws. If Congress takes up immigration reform in 2014, increasing H-1B visa numbers and streamlining the immigration process for STEM graduates will be among the issues which will be on the table.
For now, it is important for companies and employees to prepare for the H-1B filing season. Under the law, new H-1B’s become available at the beginning of each federal fiscal year on October 1. Regulations permit the filing of the petitions up to six months in advance. This means that April 1 is the first day that the CIS will accept Petitions for the 2015 fiscal year. Last year, the CIS received more than 125,000 “cap-subject” Petitions in the first five days of April. Following a randomized selection process, roughly one in three applications was returned. This year, the demand is expected to be even higher.
At the Law Office of Matthew I. Hirsch, we are H-1B experts and have a long record of success working with U.S. employers and international employees on H-1B cases. To evaluate H-1B eligibility and to determine whether your case is subject to the H-1B “cap”, please contact us. If you are preparing to do an H-1B for the upcoming season, please contact us to discuss our competitive rates, responsive service and record of successful results.