Bloggings on Nurse and Allied Health Immigration

Chris Musillo

H-1B CAP OPENS APRIL 1

by*Chris Musillo

The Fiscal Year 2014 (FY2014) H-1B cap season will begin on April 1, 2013. Last year (FY2013), the H-1B cap moved quite quickly. The H-1B cap was reached in June 2012, about five months faster than the prior year.

From 2009-11, the H-1B cap remained opened for at least one-half the year.* For the prior three fiscal years (FY 2006-08), the H-1B cap was reached on the very first day of filing.

It is unknown what the FY2014 H-1B demand will be. After speaking with clients and other immigration attorney-friends, MU Law expects that the H-1B cap will move quicker than last year, and will be reached in April.

If you are considering filing an H-1B cap-subject petition, MU Law urges you to begin that process now.

Many healthcare professions ordinarily qualify for H-1B status, including Physical Therapists, Occupational Therapists, Speech Language Therapists, and some Registered Nursing positions.

International workers who are working in the U.S. on an H-1B visa with another cap-subject employer are not subject to H-1B cap. These cases are commonly referred to as “H-1B transfer” cases and may be filed at any time throughout the year.

Employees that need a "cap-subject" H-1B include:

* International students working on an EAD card under an*OPT*or*CPT*program after having attended a*U.S.*school

* International employees working on a TN may need an H-1B filed for them in order for them to pursue a permanent residency (green card) case

* Prospective international employees in another visa status e.g. H-4, L-2, J-1, F-1

* H-1B workers with a cap exempt organization

* Prospective international employees currently living abroad


About The Author

Christopher T. Musillo is a partner at MusilloUnkenholt Immigration Law. He is a graduate of Villanova University, Villanova, Pennsylvania. When not zealously representing his clients, Chris enjoys outdoor sports, listening to music, traveling and reading.


The opinions expressed in this article are those of the author(s) alone and should not be imputed to ILW.COM.