H-1B Cap

H-1B Cap
March 20, 2014

Filing of H-1B cases subject to the annual cap will begin in less than two weeks, on 4/01/14.  Given the strong tech job market, we fully expect all of next fiscal year’s H-1Bs to be fully-subscribed during the first week of April, as it was last year.  If the cap is reached in any of the first five business days of April, USCIS will randomly select which cases to process from all of the cases received on any of those five business days (i.e., cases received on 4/01/14 has the same chance as cases received on 4/05/14).

 

Although Immigration Law Group has not formally stopped accepting new H-1B cases, job information for new cases must be submitted to ILG no later than Monday, 3/24/14, in order to be considered for processing.  Job information is needed in order for ILG to submit the Labor Condition Application, which takes at least one week for the Dept. of Labor to certify.  A certified LCA must be submitted with each and every H-1B petition.  Job information include the job title, salary, worksite address, and a job description.

 

If your company already has an approved blanket LCA for the position, ILG will consider acceptance of new cases through Monday, 3/31/14.

 

Note: in either scenario, ILG may stop accepting new cases before the above dates if the volume of cases already in the pipeline is too great.