One of the most popular U.S. work visas, the H-1B, will start accepting filings for new H-1B employment on April 2. Pursuant to each yearly H-1B quota, new H-1B filings can be filed on April 1 (April 2nd this year because April 1st is a Sunday), at the earliest, for a starting date of employment on or after October 1.
The H-1B Quota and Expectations for This Year
When the H-1B visa category was created in 1990, Congress imposed an annual cap on the number of new H-1B visas which can be issued. Although the cap has varied through the years, it is set to 65,000 per year plus 20,000 for graduates of U.S. masters programs for the new fiscal year (FY2013) starting on October 1, 2012.
As discussed above, the H-1B cap “opens” on April 2, 2012 and will remain open for new H-1B filings until the 65,000 H-1B limit is reached. While it is impossible to predict exactly when the FY2013 H-1B cap will be reached, it is helpful to provide some context. For FY2009, filing made on or after April 1, 2008, caused the H-1B cap to be reached in eight (8) days. For the FY2010, the H-1B cap was open between April 1, 2009 and December 22, 2009. For FY2011, the H-1B cap was open between April 1, 2010 and January 25, 2011 and last year, FY2012, the H-1B cap was open between April 1, 2011 and November 2, 2011.
We do not know yet how quickly would this year’s H-1B cap be reached. On one hand, the US economy and hiring is improving; on the other hand, it is not improving that fast. While we see higher H-1B work visa demand this year, compared to last, we do not anticipate that the H-1B cap will be reached in the first few weeks of this year’s filing season.
Throughout the H-1B season, we will be providing bi-weekly updates (as soon as USCIS released the H-1B numbers, which they normally do every two weeks) on the H-1B cap. We will also be providing updates on the number of H-1B cap filings and will be revising (hopefully by making them more accurate) our estimates of how long the H-1B cap would last. To ensure you receive these updates, please sign up to our free weekly newsletter. If you wish to start a new H-1B work visa petition under this year’s quota, or if our office can be of any help, please contact us.No comments
In a recent report the National Foundation for American Policy (which claims to be a non-profit, non-partisan organization dedicated to public policy research on trade, immigration, education, and other issues of national importance) has analyzed the USCIS rates of issuing requests for evidence (RFE) and denials of L-1 and H-1B petition over the past several years and provides several interesting observations.
The Report: USCIS Has Changed L-1 and H-1B Adjudication Standards
The report, Analysis: Data Reveal High Denial Rates For L-1 and H-1B Petitions, dated February 2012, claims that USCIS has (silently) changed the adjudication standards for L-1 and H-1B petitions which has, between 2007 and 2011, affected dramatically the outcome of the adjudications of such petitions. The report analyzes trends in rates of RFEs and denials between 2007 and 2011 and notes that,
“The dramatic increase in denial rates and Requests for Evidence for employment petitions without any change in the law or regulations raises questions about the training, supervision and procedures of the career bureaucracy that adjudicates petitions and the U.S. government’s commitment to maintaining a stable business climate for companies competing in the global economy.”
Key Findings of the Report
Among the key findings of the report are the following:
- denial rates for L-1B petitions rose from 7% in FY2007 to 22% in FY2008 (without changes in the relevant laws or regulations), and then stayed relatively high at 26%, 22% and 27% for fiscal years 2009, 2010 and 2011, respectively;
- denial rates for H-1B petitions increased from 11% in FY2007 to 29% in 2009, but has subsequently decreased to 21% in 2010 and 17% in FY2011;
- denial rates for L-1A (international managers) petitions increased from 8% in 2007 to 14% in 2011;
- RFE rates for L-1B rose from 17% in FY2007 to 49% in FY2008 and to 63% in FY2011 (the report also reminds that the RFE rate in FY2004 was 2%);
- RFE rates for H-1B rose from 4% in FY2004 to 18% in FY2007 to a high of 35% in FY2009 (the most recent number is 26% RFE rate for FY2011);
- RFE rates for L-1A increased from 4% in FY2004 to 24% in FY2007 and to a current 51% in FY2011.
Denial and RFE Rates Show Alarming Trends; Some Rates Appear to be Decreasing
The rate of RFEs and denials is alarming because it does not seem to be supported by substantive changes in the law or regulations. Some of the increased RFE/denial rates may be explained due to the slowing economy, and lack of ability of petitioners to show placement or available work. Additionally, some of the increase in -1B cases may be attributed to increased scrutiny (and the Neufeld Memo) on IT consulting companies. Nonetheless, the sharp increase in the RFE/denial rates for the H-1 and L-1 petitions are alarming for many US companies who rely on foreign talent to continue to provide their products and services to the US market.
The good news, if any, is that the RFE/denial rates, even though they may be very high historically, seem to be leveling off or decreasing. Our office has witnessed these increased rates (although perhaps not by the magnitude highlighted in the report) and we can share some of our clients’ concerns that one of the main concerns of a US company sponsoring a foreign worker is predictability and fair rules. Our hope is that USCIS will provide clear guidance and consistent application of their own rules and policies to allow fair but consistent application processes.
Our office will be monitoring new developments on this topic and we would be providing relevant updates on our website and via our weekly newsletter. In the meantime, please do not hesitate to consult us if we can be of any assistance.No comments
The U.S. Citizenship and Immigration Service (USCIS) is set to begin accepting H-1B visa applications pursuant to its Fiscal Year 2013 (FY2013) quota. The first day on which USCIS will accept new, cap-subject H-1B petitions, is Monday, April 2, 2012.
About the H-1B Program and the Annual Cap
The H-1B visa category was created in 1990 through the Nationality and Immigration Act of 1990 (INA). Upon the creation of the H-1B visa type, INA imposed a numerical limitation (“cap”) on the number of H-1Bs that could be issued in each fiscal year. This “cap” (or quota) has varied over the past years but is set to 65,000 per year for FY2013 starting on October 1, 2012.
H-1B is a nonimmigrant visa classification used by U.S. employers to hire a foreign national who will be employed temporarily in the U.S. in a specialty occupation (generally one which requires a bachelor’s degree or higher) or as a fashion model. Each year, by law, USCIS can approve up to new 65,000 H-1Bs, thereby allowing many private and employers to hire temporary qualified workers. H-1B non-immigrants who work at (but not necessarily for) universities and non-profit research facilities are excluded from the numerical cap (see below for discussion of cap-exempt employers).
There are certain exceptions to the congressionally-mandated maximum of 65,000 H-1B visas per fiscal year. The first 20,000 H-1B visas issued to alien workers who obtained their master’s degree from a U.S. university are exempt from the 65,000 cap; H-1B visas issued to such U.S. master degree holders subsequent to the first 20,000 are then counted against the overall 65,000 cap. Additionally, the cap does not apply to foreign nationals in the U.S. who are in lawful H-1B status and who are seeking to extend their visa or change employers.
Timing of the Cap-subject H-1B Petition Filing
The earliest date on which cap-subject H-1B petitions to be counted under the FY2013 H-1B cap is April 1, 2012 (technically, this year it is April 2, 2012 because April 1 falls on Sunday). By law, the earliest starting employment date for petitions approved under the FY2013 H-1B cap is October 1, 2012. As a result of this up to 6-month window between the time of filing and the time of employment, it becomes important to plan properly with respect to resources, valid status in the U.S. and work authorization.
Before an H-1B petition can be filed on or after April 1, there are a number of lead-time items. Employers who have not submitted Labor Condition Applications (LCAs) with the Department of Labor’s iCERT system must have their Federal Employer Identification Number (FEIN) verified – a process which generally takes 2-4 business days. Subsequently, an LCA must be filed for the offered position. LCAs tend to be certified within 7 business days. Only after the LCA is certified (with very minor exceptions) can an H-1B petition can be finalized and filed. Accordingly, it becomes important to start the H-1B petition process as early as possible. At a very minimum, an H-1B petition preparation can take at least two (2) and often at least three (3) weeks.
Cap-exempt Employers Can File H-1B at Any Time
Not all H-1B petitions must be filed under the H-1B annual cap. Certain employers can file for H-1B workers at any time of the year and without being subject to the numerical H-1B visa limitations. Such employers are generally qualified institutions of higher education (universities, colleges) and non-profit research organizations, or non-profits affiliated with institutions of higher education. Note, not all non-profit organizations qualify; only those who are engaged in research may file for cap-exempt H-1B petitions.
Please see our helpful Guide to H-1B Cap Exempt Employers for more details.
Projections About This Year’s H-1B Cap
As discussed above, the H-1B cap “opens” on April 1, 2012 and will remain open for new H-1B filings until the 65,000 H-1B limit is reached. While it is impossible to predict exactly when the FY2013 H-1B cap will be reached, it is helpful to provide some context. For FY2009, filing made on or after April 1, 2008, caused the H-1B cap to be reached in eight (8) days. For the FY2010, the H-1B cap was open between April 1, 2009 and December 22, 2009. For FY2011, the H-1B cap was open between April 1, 2010 and January 25, 2011 and last year, FY2012, the H-1B cap was open between April 1, 2011 and November 22, 2011.
Due to the recovering economy, we do not expect that this year’s H-1B cap will be reached in eight days. However, we do not anticipate that the H-1B cap will remain open until November of 2012. Accordingly, to eliminate uncertainty, we recommend to our clients to aim for an early April H-1B filing.
Throughout the H-1B filing season, we provide weekly (or more often, if necessary) updates about the status of the H-1B cap and any related developments. Please check back often or subscribe to our Weekly Newsletter to receive news and updates related to the H-1B filing season.
Because USCIS received more applications than there were visas available for fiscal years 2009, 2008, 2007 and 2006 within a few days of the cap opening, and for the 2012 fiscal year the cap was hit in November 2011 , we recommend that clients consider their needs as soon as possible and be prepared to file on the first available date – April 2, 2012. Our attorneys and professionals stand ready to review your case, as part of our free initial consultation, and will help you prepare a strong H-1B application.No comments
Throughout the H-1B cap filing season (which opened back in April), we have been providing updates on the available H-1B cap numbers. Over the past few weeks, we have been also issuing alerts (on our website, via our newsletter and through our twitter and facebook pages) on the upcoming H-1B cap limit.
Partially as a result of our outreach on the upcoming H-1B cap limit, we have been getting many questions on what happens when the H-1B cap is reached? How does USCIS handle applications which are received on or after the date the H-1B cap is reached?
H-1B Applications Filed on the Day the H-1B Cap is Reached Are Subject to Random Lottery
H-1B filings which are received on the day the H-1B cap is reached are counted and, assuming the number of filed applications exceeds the remaining number of H-1B visas, USCIS conducts a random lottery to determine which of these H-1B applications would be counted and included under the cap. Those H-1B applications which are filed on the last day but are not selected on the lottery for that last H-1B day are returned to the petitioners.
For example, if on the last day of the H-1B quota there are 700 available H-1B visas, but USCIS, on that day, receives 1,000 H-1B filings, there will be a random lottery among these 1,000 H-1B filings to determine 700 cases which will be accepted for processing under the cap. The 300 H-1B filings not selected in this last-day lottery will be returned.
H-1B Filings Not Picked by the Last-Day Lottery or Filed Afterwards Are Rejected and Returned
H-1B cases filed on the last day of the H-1B cap but not picked by the last-day lottery (if there is one), or, H-1B cases filed after the last day are processed by USCIS to be returned to the filing petitioner employer (or their attorney) with an explanation that the H-1B cap has been reached and that there are no longer H-1B visas under this year’s cap.
Considering the increasing volume of H-1B filings and given our recent reports on the status of the FY2012 H-1B cap, we believe that the H-1B cap will be reached by the end of November 2011. We will continue providing updates on the H-1B cap and, once it is reached, on possible alternatives. If you need our help and services, please contact us at your earliest convenienceNo comments
FY2012 H-1B Numbers Update – 56,300 Regular Cap Visas Used; Master’s Cap Reached; Last Call for H-1B Cap Cases (November 14, 2011)
USCIS just released the information on the numbers of cap-subject FY2012 H-1Bs filed since April 1. As November 14, 2011, USCIS has received approximately 56,300 H-1B petitions counting toward the 65,000 cap (an increase of 7,100 over the previous two weeks). Similarly, as of November 14, there were 20,000 H-1B visas filed subject to the U.S. Masters cap which has 20,000 limit.
H-1B Quota Trends – Rate of Regular Cap H-1B Filings Increases Significantly; H-1B Masters Cap Reached
The numbers, as just reported for the past week, confirm that the rate of filing of new cap-subject H-1B filings is increasing significantly. Now that the H-1B U.S. Master’s cap has been reached, all H-1B filings (regardless of level of education) will be counted under the regular H-1B cap. As a result, we expect the average weekly rate of filings to be around 3,500, compared to 1,000-1,500 previously. Additionally, we often see a rush of filings towards the end of the cap season as employers realize that the cap is about to close, so we anticipate the rate of filings to increase over the next few weeks.
H-1B Cap Likely to Close by Late November or Early December 2011 — Last Call for Cap-Subject H-1B Filings
Given an estimated rate of H-1B filings of 3,500 per week for the next few weeks, and given that there are approximately 9,000 H-1B visa numbers left towards meeting the annual cap, it is likely that the H-1B cap for FY2012 will be reached towards the end of the year — likely by the end of November or early December 2011.
Considering the fact that an H-1B petition takes at a minimum 7 to 10 business days to file, we urge all employers and future H-1B workers to start the H-1B filing process as soon as possible. If you are considering filing a cap-subject H-1B petition as part of the FY2012 quota, please contact us. We also invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.
FY2012 H-1B Numbers Update – 49,200 Regular Cap Visas Used; Master’s Cap Reached; Last Call for H-1B Cap Cases (October 28, 2011)
USCIS just released the information on the numbers of cap-subject FY2012 H-1Bs filed since April 1. As of October 28, 2011, USCIS has received approximately 49,200 H-1B petitions counting toward the 65,000 cap (an increase of 3,000 over the previous week). Similarly, as of October 28, there were 20,000 H-1B visas filed subject to the U.S. Masters cap which has 20,000 limit.
H-1B Quota Trends – Rate of Regular Cap H-1B Filings Increases; H-1B Masters Cap Reached
The numbers, as just reported for the past week, confirm that the rate of filing of new cap-subject H-1B filings is increasing slightly. Now that the H-1B U.S. Master’s cap has been reached, all H-1B filings (regardless of level of education) will be counted under the regular H-1B cap. As a result, we expect the average weekly rate of filings to be around 3,000-3,500, compared to 1,000-1,500 previously. Additionally, we often see a rush of filings towards the end of the cap season as employers realize that the cap is about to close, so we anticipate the rate of filings to increase over the next few weeks.
H-1B Cap Likely to Close in Mid- to Late December 2011 — Last Call for Cap-Subject H-1B Filings
Given an estimated rate of H-1B filings of 3,500 for the next few weeks, and given that there are approximately 15,000 H-1B visa numbers left towards meeting the annual cap, it is likely that the H-1B cap for FY2012 will be reached towards the end of the year — likely in mid- to late December 2011.
Considering the fact that an H-1B petition takes at a minimum 7 to 10 business days to file, we urge all employers and future H-1B workers to start the H-1B filing process as soon as possible. If you are considering filing a cap-subject H-1B petition as part of the FY2012 quota, please contact us. We also invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.No comments
Our office handles a substantial number of H-1B work visa petitions for a variety of U.S. employers and we often share our direct experiences with the H-1B work visa program. This article is intended to share our experience with H-1B work visa petitions where there is a change of the job location once the H-1B work visa petition has been approved and during its validity.
The Problem – H-1B Workers Changing Job Locations
Many consulting companies who hire H-1B holders place their workers at third-party client sites. It is very common for these H-1B workers to change projects, end clients or simply to relocate to a different client site during their H-1B validity period. In such cases, the question arises, What should be done to ensure that the H-1B employer and employee remain in compliance with the relevant H-1B regulations?
There is fair amount of confusion among H-1B employers and workers with respect to their obligations when there is a change in the work location. Below we discuss what has been currently the recommended approach and also what USCIS has recently announced.
Currently: Change in H-1B Job Location Requires a New LCA
Pursuant to previous USCIS guidance, our office often advises that when there is a change in the job location, but all of the other terms of an H-1B petition remain valid — title, duties, salary — then all the petitioning employer must do is file a new LCA for the new job location(s) and ensure that the proper posting and compliance for each new LCA has been done.
This approach is supported by the Adjudicator’s Field Manual 31.2(e) which states that “[t]he mere transfer of the beneficiary to another work site, in the same occupation, does not require the filing of an amended petition provided the initial petitioner remains the alien’s employer and, provided further, the supporting labor condition application remains valid.”
The relevant regulations, in 8 CFR 214.2 specify that “[t]he petitioner shall file an amended or new petition, with fee, with the Service Center where the original petition was filed to reflect any material changes in the terms and conditions of employment or training or the alien’s eligibility as specified in the original approved petition.” (emphasis added). As a result, the question becomes what is “material change.” In light of previous guidance, a change in location only was not considered a material change.
Possible Changes in Interpretation in “Material Change” – California Service Center and Upcoming USCIS Guidance
In recent discussions with the California Service Center, some of which is prompted by a number of “Notice of Intent to Revoke” notices, it becomes apparent that the California Service Center is starting to consider a change in the job location a “material change” and, as a result, requiring an H-1B amendment to be filed. According to the California Service Center, as of August 10, 2011, “it is the position of [California Service Center] Counsel that an amended H-1B petition should be filed if an LCA is filed after approval of an H-1B petition.”
It is worth noting that no such guidance has been issued by the other service center processing H-1B petitions – the Vermont Service Center. As a result, an apparent conflict arises between both Service Centers — because the Vermont Service Center has not provided any guidance on the issue, it may be inferred that H-1B petitions filed with the Vermont Service Center do not require amendment when there is change in the job location.
We are aware that USCIS is working on official guidance on this topic which would, hopefully, provide clear guidance applicable to both service centers. Unfortunately, there is no known or anticipated release date. In the meantime, in abundance of caution, we are starting to recommend that H-1B amendment petitions be filed when there is a change of job location, at a minimum, for petitions with the California Service Center, but also for petitions filed with the Vermont Service Center. If you are not sure whether a petition has been filed with the Vermont or California Service Centers, please see this guide to service centers and receipt numbers.
We invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics. In the meantime, please do not hesitate to contact us with any questions or comments, or if we can be of any assistance with analyzing or filing H-1B petitions, including amendments.No comments
In a September 2011 audit report on the use of Social Security Numbers (SSNs) by H-1B temporary workers, the Office of Inspector General (OIC) claims that a substantial percentage of H-1B cases may involve some amount of irregularity or fraud. OIG based its review on a random sample of 200 H-1B cases from the 38,546 H-1B workers to whom the Social Security Administration (SSA) had issued SSNs in 2007. The review period includes SSA reports for the period between 2007 and 2009.
Report Results and Recommendations
According to the audit report, an estimated 18% of H-1B workers analyzed in the relevant sample may have used their SSN for a purpose other than to work for the H-1B sponsor employer. This includes 11% of H-1B workers who had posted wages from another an employer other than their H-1B sponsor employer. This also includes 7% H-1B workers who had no posted wages from 2007 through 2009.
While we think that the audit is based on a very small sample (of 200) and while we believe (and the report acknowledges) that there may be some absolutely legitimate explanation for what the reports counts as unlawful employment, the numbers of possible irregularities is very high. For example, the report acknowledges that some H-1B employees may be paid their H-1B wages abroad, or that some employees may have transferred their H-1B petition to a new employer (for example, by porting H-1B under AC21 and working upon filing of the H-1B paperwork, and not upon approval) which may not have been reflected in the data used in the audit report.
Notwithstanding these possible explanations for the high number of irregularities, the OIG makes the recommendation that DHS and SSA establish a data-matching protocol for identifying H-1B workers who are working for employers other than the H-1B sponsor employer or who are not working at all. It is possible that, after such protocol is established, DHS would take a more proactive role in identifying and revoking H-1B petitions for workers who are not employed by the respective H-1B employer or to seek to identify H-1B workers who are in violation of their H-1B status by working for another (and non-H-1B sponsor) employer.
The OIG report highlights the need of proper H-1B compliance for both H-1B employers and employees. Our office routinely advises H-1B employers on proper H-1B and I-9 compliance and H-1B employees on proper steps to maintain valid status — please do not hesitate to contact us if we can be of any assistance or if you have any questions or comments.No comments
One of the most popular U.S. work visas, the H-1B, will start accepting filings for new H-1B employment on April 1, in exactly one week. Pursuant to each yearly H-1B quota, new H-1B filings can be filed on April 1, at the earliest, for a starting date of employment on or after October 1.
The H-1B Quota and Expectations for This Year
When the H-1B visa category was created in 1990, Congress imposed an annual cap on the number of new H-1B visas which can be issued. Although the cap has varied through the years, it is set to 65,000 per year plus 20,000 for graduates of U.S. masters programs for the new fiscal year (FY2012) starting on October 1, 2011.
As discussed above, the H-1B cap “opens” on April 1, 2011 and will remain open for new H-1B filings until the 65,000 H-1B limit is reached. While it is impossible to predict exactly when the FY2012 H-1B cap will be reached, it is helpful to provide some context. For FY2009, filing made on or after April 1, 2008, caused the H-1B cap to be reached in eight (8) days. For the FY2010, the H-1B cap was open between April 1, 2009 and December 22, 2009 and for last year, FY2011, the H-1B cap was open between April 1, 2010 and January 25, 2011.
As a result, and due to the slow economic recovery, while we expect a robust H-1B filing season this spring, we anticipate that H-1B visa demand would be similar to last year when the H-1B cap was open for eight months. Throughout the H-1B season, and as early as mid-April, we will be providing updates on the number of H-1B cap filings and will be revising (hopefully by making them more accurate) our estimates of how long the H-1B cap would last. To ensure you receive these updates, please sign up to our free weekly newsletter. If you wish to start a new H-1B work visa petition under this year’s quota, or if our office can be of any help, please contact us.No comments
In early January we wrote about a USCIS proposal to create a pre-registration system for new H-1B cap cases in order to make the H-1B cap application process more efficient and to eliminate waste associated with H-1B cap petitions which are filed on or shortly after April 1st (when the H-1B cap filing window opens) but are not ultimately selected because the demand of H-1B cap petitions exceeds the available 65,000 (plus 20,000 for U.S. Masters degree holders) H-1B visas.
Proposed Rule Published Today, March 3, With a 60-day Comment Period
Today USCIS published a proposed rule which describes the pre-registration process in more details and establishes the procedures for pre-registration, selection and actual H-1B petition filing. The rule has a 60-day comment period during which the public can provide comments to USCIS with respect to the new regulations. Our office plans to do so as there are some provisions which substantially alter the process to our clients’ disadvantage.
The Proposed H-1B Pre-Registration System
The proposed rule would require employers who wish to file for a cap-subject H-1B petition to submit a simple electronic registration for each H-1B case the employer wants to file. The electronic submission would open in early March and for each H-1B petition would require (1) the employer’s name, employer identification number (FEIN), and employer’s mailing address; (2) the authorized representative’s name, job title, and contact information (telephone number and email address); and (3) the beneficiary’s full name, date of birth, country of birth, country of citizenship, gender and passport number.
Once USCIS receives a number of pre-registrations over a certain period of time, they would evaluate the H-1B visa demand and if the demand exceeds the available 65,000 plus 20,000 visa numbers, they would run a random lottery to determine which of the pre-registrations would be allowed to submit a full H-1B petition. Those selected would be notified electronically and would be allowed to print a selection confirmation page which would then be included with the H-1B petition.
Upon selection in the H-1B cap, an employer would have 60 days from the date of notification to submit the actual full H-1B petition for the beneficiary named, including the applicable Labor Condition Application (LCA). H-1B petitions which are selected but are filed after the 60-day filing deadline would be rejected.
If the demand is lower than the available H-1B visas, the pre-registration system would continue to accept new pre-registration submissions until the H-1B cap is reached. USCIS contemplates creating a waitlist system to handle pre-registrations which are not selected initially, but may be selected at a later time should the number of allocated H-1B pre-registrations exceeds the actual H-1B petitions filed and accepted for processing.
USCIS’s Rationale of H-1B Cap Filing Pre-Registration
The new proposed Internet-based registration system allows employers to complete a much shorter and less expensive registration process for consideration of available H-1B cap numbers. The new system will also relieve a significant administrative burden and expense from USCIS. This proposed rule is estimated to reduce costs for H-1B employers, or at least eliminate waste associated with filing of H-1B petitions which may be subsequently rejected due to reaching of the H-1B cap. USCIS is also estimated to realize cost-savings from this process.
Important Note: Published Rule is Not Final; This Year’s H-1B Cap Filing Season Is Not Affected
It is very important to stress that this is only a proposed rule which is subject to a 60-day comment period and further USCIS revisions. This year’s H-1B cap season is not affected by this rule and it would continue under the current system where all H-1B cap filings are filed in their entirety on or after April 1st, without any pre-registration requirements.
This is an important development in the H-1B cap filing season and we will continue monitoring the proposed rule throughout and after the 60-day comment period. Please feel free to subscribe to our weekly newsletter to obtain timely updates on this and related issues. Also, feel free to contact us with any questions, comments or if our office can be of help.No comments