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Chris Musillo on Nurse and Allied Health Immigration

HISTORICAL H-1B USAGE

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by Chris Musillo

This year’s H-1B filing date of April 1, 2015 is coming fast. MU Law predicts that the USCIS may see 200,000 H-1Bs filed this year, more than double the Congressional cap of 85,000. When the USCIS receives more H-1B petitions than slots available it holds an “H-1B lottery”. Last year, the USCIS held an H-1B lottery because it received over twice as many H-1B petitions as 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

Past H-1B Demand:



Year: H-1B Cap Numbers: Date H-1B Cap Reached:
H-1B 2003 (FY 2004) 65,000 October 1, 2003
H-1B 2004 (FY 2005) 65,000 October 1, 2004
H-1B 2005 (FY 2006) 85,000 August 10, 2005
H-1B 2006 (FY 2007) 85,000 May 26, 2006
H-1B 2007 (FY 2008) 85,000 April 3, 2007
H-1B 2008 (FY 2009) 85,000 April 7, 2008
H-1B 2009 (FY 2010) 85,000 December 21, 2009
H-1B 2010 (FY 2011) 85,000 January 25, 2011
H-1B 2011 (FY 2012) 85,000 November 22, 2011
H-1B 2012 (FY 2013) 85,000 June 11, 2012
H-1B 2013 (FY 2014) 85,000 April 5, 2013
H-1B 2014 (FY 2015) 85,000 April 1, 2014
H-1B 2015 (FY 2016) 85,000 April 1, 2015 (expected)

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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