This year’s H-1B
filing date of April 1, 2015 is coming fast. MU Law predicts that the USCIS may see 200,000
H-1Bs filed this year, more than double the Congressional cap of 85,000. 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 twice 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.
Many healthcare
professions ordinarily 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 3, 2007
|
H-1B 2008 (FY 2009)
|
85,000
|
April 7, 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 5, 2013
|
H-1B 2014 (FY 2015)
|
85,000
|
April 1, 2014
|
H-1B 2015 (FY 2016)
|
85,000
|
April 1, 2015 (expected)
|
For the occupational therapists who were not lucky enough to be given a slot for the April 2015 lottery, what would be the next best option? to wait for the 2016 lottery or to opt for direct application for a greencard, if that's even possible?
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