Home > H-1B Posts > H-1B Cap Filings Begin Friday, April 1, 2016

H-1B Cap Filings Begin Friday, April 1, 2016

February 1, 2016

April 1 is nearing.  Even though H-1B filings begin the first business day, which is Friday, April 1, 2016, the H-1B individuals will not be able to arrive in the United States until late 2016 (Oct/Nov) or early 2017 to work for employers (given the delays at Consulates).  Here are some thoughts:

Thursday, March 31, 2016 is when we could begin shipping H-1B cases to USCIS with an employment start date of October 1, 2016.

Just as last year, the Labor Condition Application (“LCA”) which is required as part of filing of an H-1B petition, is actually taking up to 7 days to be certified. Thus, if you would like to file an H-1B petition on or shortly after April 1, 2016, consider leaving several weeks of buffer time between document transmittal to our office, preparation, LCA processing delays, etc.  Moreover, things that are beyond our control such as US government shutdown or such similar event, which resulted in LCA website being down for about a month in 2013 could happen again.

It is imperative to note that the regular H-1B quota is 58,200, not 65,000.  This is because 6,800 out of 65,000 are allotted for Chile and Singapore. In addition, there will be 20,000 H-1B available for potential employees who have earned a U.S. masters or a higher degree.

We strongly advise that employers discuss with us at the earliest convenience about the upcoming H-1B cap filings.  

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