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Chris Musillo on Nurse and Allied Health Immigration

H-1B CAP: PAST AND FUTURE DEMAND

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by Chris Musillo

This year’s H-1B filing date of April 1, 2017 is coming fast. MU Law predicts that H-1B petitioners certainly will file in excess of 200,000 petitions during the H-1B cap window of April 1-7, 2017. Last year’s record filing total of 240,000 may even be exceeded, although we have had reports of reduced demand this year.

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 three times 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.
The H-1B is usually associated with IT positons. Most of the H-1B slots are used by IT professionals. Many healthcare professions also 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 1, 2007
H-1B 2008 (FY 2009) 85,000 April 1, 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 1, 2013
H-1B 2014 (FY 2015) 85,000 April 1, 2014
H-1B 2015 (FY 2016) 85,000 April 1, 2015
H-1B 2016 (FY 2017) 85,000 April 1, 2016
H-1B 2017 (FY 2018) 85,000 April 1, 2017


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

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Updated 03-16-2017 at 02:57 PM by CMusillo

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