Alert: H-1B Cap May Be Hit in First Week of April 2013

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MH900300924We wish to provide an update to our alert published on February 5, 2013.  There has been some indication that the quota of 65,000 H-1B for Fiscal Year 2014 will be exhausted earlier than previously expected.  Some have predicted that the quota will be met by the end of the first week of April 2013.

Because it is difficult to predict how many H-1B petitions will be submitted on April 1st (the first day that USCIS accepts cap-subject H-1B petitions), we strongly advise employers to start processing their cap-subject H-1B petitions as soon as possible.

We recommend that employers prepare the following items for an H-1B petition:

  • Company information, such as annual report, financial report, marketing brochure, IRS tax ID documents;
  • Contact information of the company representative who would be signing the petitions;
  • Job title and description for the position offered to the prospective H-1B employee, along with an explanation as to why the position requires at least a Bachelor’s degree in a specific field;
  • Copy of the diploma and academic transcripts of the prospective H-1B employee;
  • Copy of the following documents from the prospective H-1B employee:  passport ID page and pages containing US visas and entry stamps, all current and previously issued I-20 Forms, current I-94 card, and OPT EAD Form (if applicable), previously issued US immigration and work authorization documents;
  • If the prospective H-1B employee needs H4 status for his/her spouse and children, copies of their passport ID pages, visas, I-94 cards, any previously issued US immigration documents, and marriage and birth records with certified English translations.

Each case is different, and additional items may be required.  An H-1B petition must be submitted with a certified LCA (labor condition application) from the Department Of Labor, which takes approximately one week to obtain.  Accordingly, we recommend that employers begin preparing the H-1B petition well in advance for the April 1st filing date.

If you have any questions at all, please do not hesitate to contact us at Fennemore Craig.  Thank you very much.

To contact Jared Leung please send a message to jleung@fclaw.com or call 602-916-5315

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