[Fredslist] FW: New H-1B

[Allen E. Kaye]

FYI.

 

Best regards,

 

Allen E. Kaye, Esq.

Law Offices of Allen E. Kaye, P.C. 

Immigration, Naturalization, Visa and Consular Law

111 Broadway, Suite 1304

New York, NY 10006

Phone: (212) 964 - 5858 

Fax: (212) 608-3734

Email me at akaye at kayevisalaw.com

Visit our website at www.kayevisalaw.com 

 

 

 

 

GET READY NOW TO FILE NEW H-1B PETITIONS APRIL 1, 2014

 

By:  Allen E. Kaye

 

In less than three months U.S. Citizenship & Immigration Services (CIS) will
begin accepting new     H-1B petitions filed under the Fiscal Year 2015
(October 1, 2014 through September 30, 2015) H-1B quota. No more than 85,000
new H-1B visa numbers, which include 20,000 Master's exempt numbers, are
available for the fiscal year. The annual quota will likely be reached in
the first week that new petitions are accepted, and a lottery will be
applied to selected petitions that will be allocated an H-1B number. Because
of the volume of filings anticipated, employers should prepare now to file
H-1B petitions for receipt by U.S. CIS on April 1st.

 

Frequently Asked Questions

*	What's the earliest date a new H-1B petition can be filed?

The CIS will accept new H-1B petitions received on April 1, 2014. New H-1B
petitions received earlier than April 1st will be rejected.

 

*	What is the regular cap and the Master's cap?

The regular H-1B cap (the numerical limit on new H-1B petitions) for FY 2014
(October 1, 2013 through September 30, 2014) is 65,000. Of this number, up
to 6,800 may be set aside for nationals of Singapore and Chile for H-1B1
visas.

 

The first 20,000 H-1B petitions filed on behalf of individuals with U.S.
master's degrees (or higher U.S. degrees) are exempt from the regular H-1B
cap. This 20,000 forms the "Master's cap". If the Master's cap is reached
before the regular cap, Master's cap cases will be considered under the
regular cap until the regular cap is reached.

*	If the cap is reached in the first week of filing, which petitions
will be entered into the "lottery" for an H-1B number?

If the H-1B cap is reached during the first five business days that filings
are accepted (April 1 - 7, 2014), all petitions received on or before April
7th will be entered into the "lottery." The Master's Cap lottery will be
applied first. Any Master's Cap cases that are not selected in the initial
lottery will be entered into the regular lottery.

 

*	Which H-1B petitions are counted against the H-1B cap?

Only "new" H-1B petitions are counted against the H-1B cap. Those who are
currently in H-1B status or held H-1B status in the past 6 years with a cap
subject employer are not counted against the cap and can apply for H-1B
extensions or new H-1B employment at any time. Also, certain petitions are
"cap-exempt," if the beneficiary will work at: 

 

1.	an institution of higher education or related or affiliated
nonprofit entity;
2.	a nonprofit research organization; or 
3.	a governmental research organization. Petitions for H-1B extension
of status or change of employer are generally not subject to the H-1B cap.

*	For whom should we consider filing H-1B petitions this year?

Employers should identify all potential new H-1B candidates and initiate new
H-1B cases as quickly as possible. The most likely new H-1B candidates
include: 

 

1.	F-1 students, even if they have several months or more remaining on
their F-1 Optional Practical Training (OPT) Employment Authorization
Document (EAD) cards; 
2.	individuals who hold L-1B status but are pursuing or will pursue the
permanent residency process; 
3.	new-hire candidates living and residing abroad who have not recently
held H-1B status; and 
4.	current H-1B holders who are employed with a cap-exempt institution
but will be changing employment to a company or entity that is not
cap-exempt.

*	How far in advance must I initiate new H-1B cases?

Before an H-1B petition can be filed with U.S. CIS, a Labor Condition
Application (LCA) must be filed with and certified by the U.S. Department of
Labor (DOL). The DOL normally takes approximately 5-7 business days to
certify an LCA; therefore, the minimum lead-time to prepare and file an H-1B
petition is about 2 weeks. 

 If your company has never filed an H-1B petition before, or if your company
has undergone reorganization or has received a new Federal Employer
Identification Number since the last H-1B petition was filed, please note
that it will likely be necessary to obtain "clearance" of the company's FEIN
with the DOL before the DOL will permit an LCA filing. The FEIN clearance
process can take several business days. The FEIN clearance procedure adds
approximately 1-2 weeks to the lead-time for filing an H-1B petition.

 Because of the high volume of case initiations anticipated in the weeks
leading up to the April 1st filing date, employers should initiate new H-1B
petitions as early as possible. Contact me soon as you have identified one
or more H-1B candidates. 

*	What are the requirements for H-1B classification?

Because of the high volume of case initiations anticipated in the weeks
leading up to the April 1st filing date, employers should initiate new H-1B
petitions as early as possible. Contact me as soon as you have identified
one or more H-1B candidates. 

*	What documents and information are required?

The H-1B petitioner must document that there will be an employer-employee
relationship with the beneficiary and must demonstrate that the position
qualifies as a "specialty occupation." The beneficiary must document his or
her qualifications by providing copies of degrees and/or transcripts and
employment verification letters when required to demonstrate professional
experience in lieu of a degree. I will provide additional, case-specific
checklists which may be applicable on a case-by-case basis.

 

Allen E. Kaye

Law Offices of Allen E. Kaye, P.C.

111 Broadway, Suite 1304

New York, NY 10006

Email: akaye at kayevisalaw.com

Phone: 212-964-5858

 

 

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