by Chris Musillo

This year’s H-1B filing date of April 1, 2018 is coming fast. MU Law predicts that H-1B petitioners will file fewer than the 200,000 petitions that were filed last year.

When the USCIS receives more H-1B petitions than slots available it holds an “H-1B lottery”. Last year, the USCIS held an H-1B lottery because it received over twice as many H-1B petitions as there are slots available.

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

The H-1B is usually associated with IT positons. Most of the H-1B slots are used by IT professionals. Many healthcare professions also 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 H-1B 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

Past H-1B Demand:


Year: H-1B Cap Numbers: Date H-1B Cap Reached:
H-1B 2003 (FY 2004) 65,000 October 1, 2003
H-1B 2004 (FY 2005) 65,000 October 1, 2004
H-1B 2005 (FY 2006) 85,000 August 10, 2005
H-1B 2006 (FY 2007) 85,000 May 26, 2006
H-1B 2007 (FY 2008) 85,000 April 1, 2007
H-1B 2008 (FY 2009) 85,000 April 1, 2008
H-1B 2009 (FY 2010) 85,000 December 21, 2009
H-1B 2010 (FY 2011) 85,000 January 25, 2011
H-1B 2011 (FY 2012) 85,000 November 22, 2011
H-1B 2012 (FY 2013) 85,000 June 11, 2012
H-1B 2013 (FY 2014) 85,000 April 1, 2013
H-1B 2014 (FY 2015) 85,000 April 1, 2014
H-1B 2015 (FY 2016) 85,000 April 1, 2015
H-1B 2016 (FY 2017) 85,000 April 1, 2016
H-1B 2017 (FY 2018) 85,000 April 1, 2017
H-1B 2018 (FY 2019)(projected) 85,000 April 1, 2018



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