H-1B Visa Petition Filing Date Fast Approaching

Posted By USI Law || 3-Feb-2014

USCIS will Accept H-1B Cases from April 1st, 2014
The FY 2015 H-1B Visa Filing Date is fast approaching. As the primary method for nonimmigrant
skilled workers to obtain a U.S. work authorization, H-1B visas are in high
demand. April 1, 2014 is the date on which the USCIS will begin receiving applications.
65,000 regular visas for skilled workers and 20,000 H-1B visas for U.S. University Master’s
degree holders will be available under the FY 2015 cap. Those who will receive these
visas will be eligible to start work on October 1, 2014.
It is forecast that this year like last year there will be more filings than visa numbers
available and that the USCIS will institute a lottery of submitted cases. As per the law,
USCIS is mandated to accept cases, until April 7th, 2014 this year.
The Immigration and Nationality Act 8 CFR Sec. 214.2(h)(7) states that:
“If the final receipt date is any of the first five business days on which petitions subject to
the applicable numerical limit may be received (i.e., if the numerical limit is reached on any
one of the first five business days that filings can be made), USCIS will randomly apply all
of the numbers among the petitions received on any of those five business days…”
For planning purposes, intending petitioners should consider March 10th, 2014 as a
deadline to finalize cases and obtain all the necessary supporting documentation. This is
because the Labor Condition Application certification is sometimes delayed and can take
over 10 to 15 days during filing season.
While there have been talks in Congress to expand the number of H-1B visas provided for
under law, there are still concerns about the likelihood of the passage of any legislation in
this area. There are also concerns that the conditions that may be additionally placed on
such visas may prove to be unduly onerous on certain companies.
Please feel free to contact our firm with any questions or issues that you may have. We
look forward to the opportunity of providing excellence in service to you and your
organization.
Categories: H-1B