January 24, 2013 –
H-1B visa petitions for nonimmigrant workers accepted beginning April 1 until quota met

This is a reminder that April 1, 2013, is the first day the United States Citizenship and Immigration Services will begin accepting H-1B petitions filed on behalf of nonimmigrant workers for employment commencing on or after October 1, 2013, i.e. for fiscal year 2014.

In FY2013, H-1B filings exceeded the available statutory quota by June 11. But in earlier years (prior to the recent recession), the statutory quota was reached earlier in the H-1B filing cycle, even as early as the first day of the filing cycle.

It is unknown at this time how the number of H-1B filings for FY2014 will compare to the number of petitions USCIS has received in the past. With the economy improving, and more hiring taking place, it is possible that the statutory quota could be met earlier than last fiscal year.

As such, employers who desire to hire H-1B aliens subject to the statutory quota should consult with immigration counsel as soon as possible regarding filing on the first day of the H-1B cycle, or as early in the cycle as feasible.

The H-1B visa classification is for temporary employment of foreign professionals in specialty occupations, including but not limited to, information technology professionals, business analysts, financial managers, engineers, architects, allied health professionals such as physical therapists as well as fashion models. There is a yearly statutory cap of 65,000 H-1B approved petitions for the general category, of which 6,800 are reserved for Chile and Singapore Free Trade H-1B visas, resulting in only 58,200 for all other nationalities. There is an additional quota of 20,000 for foreign professionals with advanced degrees (master’s degrees or higher) from U.S. institutions.

Petitions filed on behalf of beneficiaries who will work only in Guam or the Commonwealth of the Northern Marianas Islands are exempt from the quota until December 31, 2014.

Exemptions from the annual quota may apply in instances of:

• requests for extensions of stay for current H-1B workers;
• amendments to H-1B petitions requesting a change in the terms of employment for current H-1B workers; and
• change of employer petitions for individuals already in H-1B status.

In addition, petitions for new H-1B employment are not subject to the annual quota if the foreign professional will be employed at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or a governmental research organization.

Employers desiring to hire H-1B aliens and who believe a quota exemption may apply to them should consult with immigration counsel to analyze their situation well before the H-1B quota is reached.