MSA Currently Accepting H-1B Cap Cases
As many MSA readers are aware, we are nearing the start of the Fiscal Year (FY) 2014 H-1B cap filing season, which commences on April 1, 2013. If you are an employer or a prospective employee who are interested in filing in this year’s cap, we encourage you to contact us as soon as possible to assist with the process.
New H-1B Visas Available October 1, 2013
Although USCIS starts accepting H-1B cap subject petitions on April 1, 2013, it is important to note that the actual visa numbers will not be available for usage until October 1, 2013 at the earliest. In other words, H-1B beneficiaries cannot commence H-1B employment until October 1, 2013. Since employers may file cap-subject H-1B cases as early as six (6) months prior to a prospective employee’s anticipated start date, April 1, 2013 marks the first day on which the Service can formally accept such filings.
File As Early as Possible on or After April 1st!
MSA strongly advises all employers to file their H-1B petitions for prospective employees as early as possible to ensure their acceptance before the basic cap of 65,000 and the additional master’s or higher degree cap of 20,000 visas from a U.S. university is reached. Although last year’s cap was reached in June 2012, in years prior the quota was met much earlier – generally within the first few days of April! Given the current pace of hiring, we believe it is possible for the cap to be reached shortly after opening in April.
Not All H-1B Petitions are Cap-Subject
It should be noted that not all petitions are subject to the annual H-1B cap/quota. Foreign nationals who were previously counted in the cap or who will be employed by certain employers including universities, government-funded research organizations, and some non-profits are generally exempt from the H-1B cap.