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Chris Musillo on Nurse and Allied Health Immigration

THE TIME TO PREPARE YOUR H-1B IS NOW

Rating: 6 votes, 5.00 average.
by Chris Musillo

The Fiscal Year 2015 (FY2015) H-1B cap season will begin on April 1, 2014. Last year (FY2014), the H-1B cap was reached on Day One (April 5, 2013 – the USCIS allows any H-1B petition received during the first week to be counted as a Day One filing).

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.

The FY 2015 H-1B cap demand will be high. After speaking with clients and other immigration attorney-friends, MU Law expects that the H-1B cap will move even quicker than last year. MU Law would not be surprised if the USCIS receives twice as many H-1B cap-subject petitions as there are slots available.

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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