Why is April 1, 2013 Important?
April 1, 2013 is the first day on which U.S. Citizenship and Immigration Services ("USCIS") may receive H-1B specialty worker petitions for the next fiscal year that begins on October 1, 2013. To qualify for the H-1B category, the position offered must be a specialty in which a bachelor's degree or its equivalent is normally the minimum requirement and the foreign national must hold a bachelor's level degree or its equivalent in the specialty defined by the position (this threshold can be met in some cases though a combination of education and work experience).
Due to the overwhelming demand for the annual allotment of 85,000 H-1B visa slots, employers who wish to file new H-1B petitions for current or future employees should plan to do so on April 1st. The number of H-1B approvals requested by employers has reached the annual H-1B “cap” every year for over 10 years.
Are There Certain Employees In Particular Whom We Should Consider?
Yes, three situations immediately come to mind:
- students who hold F-1 visa status and who are working for your organization under a grant of Optional Practical Training work permission
- L-1 Intracompany Transferees who work for your organization
- candidates who are not yet working for your organization but whom you have an interest in employing in the future (starting between October 2013 and October 2014)
F-1 Students and L-1 Transferees have limited-duration work permission. If you wish to continue employing these individuals beyond their current authorization, the H-1B category may be an option.
Why F-1 Students?
Some F-1 students may hold Optional Practical Training work permission that is limited to no more than one year. Other F-1 students may be eligible (in some cases) for an additional 17 months of Optional Practical Training work permission.
Why L-1 Intracompany Transferees?
The L-1 intracompany transferee visa category applies to foreign nationals who have been employed abroad in executive, managerial or specialized knowledge capacities for at least one year with a commonly-owned foreign company, and who are in the United States to continue rendering services to the same or a related U.S. employer.
L-1 executives or managers (L-1A) may remain in the United States for a maximum of seven years. Specialized knowledge (L-1B) employees may remain for a maximum of five years.
Are There any Exemptions from the Annual H-1B “Cap”?
Persons already counted under the H-1B cap and who need an extension of stay are not subject to the annual limitation. Similarly, persons who already hold H-1B status and are transferring to a different employer are exempt from the cap. The limitation applies only to persons not yet counted against the annual cap. Also, certain types of educational or nonprofit organizations that file H-1B petitions on behalf of beneficiaries are exempt from the H-1B numerical limitation.