By: Chris Musillo

The H-1B cap filing date will be here before you know it. New H-1Bs are subject to the H-1B cap lottery and must be filed between March 1-20, 2020. The USCIS will notify us of H-1B cap lottery winners by March 31, 2020. If you are preparing to file an H-1B cap petition for 2020, please send MU the items on our checklist no later than March 10.

A variety of types of case are subject to H-1B cap:
-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; and
-Prospective international employees currently living abroad.

These types of case are not subject to H-1B cap:
-H-1B amendments/extensions/transfers
-When the employee has been in H-1B status for less than 6 years
-Trade Visas (H-1B1, E-3, TN-1) Chile, Singapore, Australia, Canada, Mexico
-Institution of higher education (or its affiliated or related nonprofit entities), a nonprofit research organization, or a government research organization.

Please contact us if you have any questions or are looking for representation in filing H-1B cap petitions.