Here in Colorado, the ski season so far is a bit of a bust as we are in desperate need of snow. However, the H-1B season is in full swing. Under the law, only 85,000 new H-1B’s may be allotted for foreign professional workers each year, and 20,000 of those are reserved for individuals who have completed a master’s degree or higher in the United States. The annual allotment of H-1B’s becomes available October 1, which is the start of the fiscal year. However, employers may apply April 1stfor an H-1B with an October 1st start date. In 2012, the H-1B cap was reached, meaning that all of 85,000 H-1B’s had been allotted, in ten weeks. Due to the improvement in the economy, it is expected that this year the H-1B cap will be reached even sooner, quite possibly the first week in April.
Foreign workers who have never previously been in H-1B status for a private employer are subject to the cap, meaning they must receive one of the coveted 85,000 H-1B’s in order to work in the U.S. in H-1B status. In contrast, except in extremely unusual circumstances, foreign workers who have previously held an H-1B for a private employer are not subject to the cap and often can extend their H-1B status, even if changing employers. An individual who does not receive an H-1B in the allotment would then have to apply next year. While certain individuals may have other options to continue employment in the U.S., depending on circumstances, we encourage all employers who need an H-1B for cap-subject individuals to start the process as soon as possible so that the petitions are ready to be filed April 1st.
If you intend to hire foreign workers, please join Ste
rn & Curray on February 6th from 12:00-1:00 pm (MST) for a complimentary teleconference that will help employers understand and plan for the H-1B cap. For more information, including how to RSVP, follow this link: http://conta.cc/Uvr9cl.
