Planning for FY 2015 H-1B Cap Season
As we approach April 1, 2014, we want to take the opportunity to make our readers aware of important nuances of H-1B cap season.
The US Citizenship & Immigration Services (USCIS) will start accepting cap-subject H-1B petitions for the Fiscal Year (FY) 2015 Cap Season on Tuesday, April 1, 2014. Last year, the cap for the FY 2014 was reached within the first week of the filing period and going by the ‘interest’ this year, we expect FY 2015 to be no different. Last year USCIS received approximately 124,000 H-1B petitions during the filing period, ending on April 5, 2013, including petitions filed for the advanced degree exemption.
The current annual cap on the H-1B category is 65,000 out of which up to 6,800 visas are set aside under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year. An additional 20,000 visas available under the advanced degree exemption for individuals who have earned a master’s or higher degree from an accredited U.S. educational institution. Additionally, petitions for new H-1B employment for beneficiaries who will work at institution of higher education or related or affiliated nonprofit entities, nonprofit research organizations or government research organizations are exempt from the annual cap.
For those wishing to file an H-1B towards FY 2015 cap season, it is important to start as early as possible. This is particularly important if the employer is not familiar with the H-1B process. Each H-1B is filed with a certified Labor Conditional Application (LCA) and DOL processing times (of up to seven working days) has to be considered while preparing an H-1B petition. Additionally, petitioners filing an H-1B for the first time have to undergo an additional one time FEIN verification process before the DOL would certify the LCA submitted on behalf of the beneficiary. While the petitions towards the FY 2015 cannot be filed until April 1st of each year, initiating the process early helps avoid last moment surprises that may potentially delay the filing.
Please contact us if any further information or representation regarding H-1B visa program is required.