H-1B Visa Filing Starts April 1

Mar 28 2014 - Hiring - Gail Cecchettini Whaley

Employers who need to apply for H-1B visas for foreign workers in specialized skill areas, such as science, engineering or computer programming, have a fast approaching deadline.

U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2015 cap on Tuesday April 1, 2014.

The cap on H-1B visas for FY 2015 is 65,000 with an additional 20,000 allowed for persons exempt from the cap under the advanced degree exemption.

USCIS announced this week that it anticipates receiving more than enough petitions to reach both caps by April 7. Cases will be considered accepted on the date that USCIS receives a properly filed petition with the correct fee. It’s very important for employers to know that the USCIS will not rely on the date that the petition is postmarked.

The USCIS monitors the number of petitions received and will notify the public of the date that it receives the necessary number of petitions to meet the H-1B cap. If the number of applications received exceeds the cap, the USCIS randomly selects the number of petitions required to reach the numerical limit from the pool of petitions received on the final receipt date.

Gail Cecchettini Whaley, CalChamber Employment Law Counsel/Content

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