For the first time since 2008, USCIS reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period (April 1-7, 2013). USCIS received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption. Employers seeking new employment on behalf of foreign workers in this category must wait until the next fiscal year (FY 2015), beginning on April 1, 2014.
Employers seeking extensions or transfers of previously issued H-1B visas, or offering jobs in the cap-exempt categories, are not subject to the cap and may submit these petitions now.
In order to qualify for a H-1B specialty occupation visa for its foreign worker, the petitioning employer must offer a job that normally requires at least a bachelors degree as the minimum entry requirement for the position. The degree requirement must be common to the industry, or the job is so complex or unique that it can be performed only by an individual with a degree. A Labor Condition authorization from the Department of Labor is a prerequisite.
Alison Yew has successfully obtained H-1B visas for large and mid-size businesses across the United States, including a national health care insurance company and national law firm. Ms. Yew successfully obtained an H-1B visa for the FY 2014 during the short petition acceptance window in April 2013, and is available to evaluate your employment needs and whether H-1B or another temporary visa is appropriate.