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Employers are reminded to prepare now for the upcoming H-1B cap season and to take the required steps to ensure that petitions are ready to be filed April 2, the first day of this year’s filing period. While the Trump administration has signaled that changes to the H-1B program are in the works, it does not appear likely that the administration will have time to make substantial changes to the H-1B filing or allocation process before fiscal year FY2019 cap season begins.
Volume is expected to be high again this year, in part because of the usual factors such as skills shortages, a strong economy and low unemployment. In addition, many employers may be planning to file H-1B petitions this year because of plans for sweeping changes to high-skilled immigration, including the termination of H-4 work authorization, restrictions to the optional practical training (OPT) program, the increasing scrutiny of the “specialized knowledge” requirement for L-1B visa applicants, the possible renegotiation or U.S. withdrawal from North American Free Trade Agreement, and the possible reorganization of the H-1B lottery in years to come.
This year’s H-1B cap petitions will almost certainly exceed annual caps within the first week of filing, as has happened in each of the past five years. This would trigger a computer-generated lottery for a total of 85,000 spots, including 20,000 reserved for people holding advanced degrees from U.S. educational institutions. Last year, U.S. Citizenship and Immigration Services received 199,000 petitions during the first week of filing. With early planning, employers can ensure that they have enough time to complete their petitions well in advance of the first day of filing.
Here are a few steps employers can take now:
BAL Analysis: Employers and individuals can maximize their chances of filing within the first week of April by planning early. Employers may wish to consult with BAL about what visa options make sense for particular employees, especially given the changing high-skilled immigration landscape of the Trump administration.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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