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Chris Musillo on Nurse and Allied Health Immigration

H-1B CAP OPENS APRIL 1

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by Chris Musillo


The Fiscal Year
2014 (FY2014) H-1B cap season will begin on April 1, 2013. Last year (FY2013),
the H-1B cap moved quite quickly. The H-1B cap was reached in June 2012, about
five months faster than the prior year.


From 2009-11, the
H-1B cap remained opened for at least one-half the year.  For the prior three fiscal years (FY
2006-08), the H-1B cap was reached on the very first day of filing.


It is unknown what
the FY2014 H-1B demand will be. After speaking with clients and other
immigration attorney-friends, MU Law expects that the H-1B cap will move
quicker than last year, and will be reached in April.


If you are
considering filing an H-1B cap-subject petition, MU Law urges you to begin that
process now.


Many healthcare
professions ordinarily qualify for H-1B status, including Physical Therapists,
Occupational
Therapists
, Speech
Language Therapists
, and some Registered Nursing
positions.


International
workers who are working in the U.S. on an H-1B visa with another cap-subject
employer are not subject to H-1B cap. These cases are commonly referred to as
"H-1B transfer" cases and may be filed at any time throughout the year.


Employees that
need a "cap-subject" H-1B 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


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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