US H-1B Cap Filing Season to begin April 1, 2013

January 28, 2013:

On Monday, April 1, 2013, U.S. Citizenship and Immigration Services (USCIS) will begin to accept H-1B cap petitions for the FY 2014 annual quota of 85,000. The H-1B petitions approved under the FY2014 cap will be effective October 1, 2013. The H-1B is a non-immigrant visa that allows US employers to temporarily employ foreign workers in specialty occupations under the Immigration and Nationality Act.

While there is no specific cutoff date for applications (applications are only closed once the cap is reached), it is suggested that employers file petitions as early as possible, due to the expected demand for the H-1B this year, which will cause the quota to be reached earlier than in previous years.

To prepare, All Points recommends that employers are recommended to collecting all relevant corporate and academic documents, as well as other required materials, as early as possible. This includes the acquirement of a labor condition application (LCA) from the Department of Labor for each case. The LCA takes seven days to process and certify. The online LCA system can operate much slower or become overloaded nearing the H-1B opening day, so the LCA should be sought as early as possible. We further recommend that filings be made so that they arrive at USCIS on the opening day of April 1.

This Relo-lert is intended for informational use only. If you have any questions regarding the impact of this information on your organization, please contact All Points Relocation at [email protected].

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