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Chris Musillo on Nurse and Allied Health Immigration

H-1B CAP TO BE REACHED ON DAY ONE

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by Chris Musillo


In a March 15, 2013 press release, the USCIS announced, "based on feedback from a number of stakeholders, USCIS anticipates that it may receive more petitions than the H-1B cap between April 1, 2013 and April 5, 2013."



Any H-1B cap-subject petition that is filed between April 1 and April 5 is treated as a first-day filing.  In accord with this information, MU Law strongly urges all clients to be prepared to file their H-1B cap-subject petitions ASAP. 


MU Law clients are reminded that all H-1B petitions must include a certified Department of Labor - Labor Condition Application (LCA).  The LCA takes 8 days to be certified, and so any H-1B cap-subject petition that is not initiated at our office by March 24, 2013 will not accepted in this year's H-1B cap.


If the USCIS is correct and more than the 65,000 H-1B cap-subject petitions are reached on the first day, the USCIS will hold a lottery and return any H-1B petitions that are not lottery 'winners'.  The USCIS will also refund the entire H-1B filing fee.


H-1B cap-subject petitions include:


* International students working on an EAD card under an OPT or CPT program after having attended a U.S. school


* International employees working on a TN may need an H-1B filed for them in order for them to pursue a permanent residency (green card) case


* Prospective international employees in another visa status e.g. H-4, L-2, J-1, F-1


* H-1B workers with a cap exempt organization


* Prospective international employees currently living abroad



H-1B petitions that are not subject to the H-1B cap include:


* H-1B extension petitions


* H-1B transfer petitions


* Certain H-1B petitioners for University employers


* Certain H-1B petitions for Non-Profit Research organizations


Read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.  You can also visit us on Facebook and follow us on Twitter.



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Comments

  1. Sagar's Avatar
    Dear Chris, Any news on nurses bill..?? Any updates..?
  2. Chris Musillo's Avatar
    Hi Sagar- See today's blog post which has a big update.
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