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Bloggings on Nurse and Allied Health Immigration

by Chris Musillo

Preparing And Projecting The H-1B Cap

by Chris Musillo

The Fiscal Year 2013 (FY2013) H-1B cap season will begin on April 1, 2012. Last year (FY2012), the H-1B cap moved very slowly -- only 8,000 H-1Bs were received in April 2011. The slow pace continued through the spring and summer. As the US economy improved, the H-1B pace quickened. The H-1B cap was reached in November 2012

On a histocial basis, FY2012 moved very slowly. In FY 2011, which began April 1, 2010, the USCIS has receipted about 20,000 H-1Bs through May 1, 2010. In FY 2009, there was about 40,000 H-1Bs receipted in by USCIS through May 1, 2009. 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 FY2013 H-1B demand will be. In speaking with some clients, MU expects the H-1B cap to move quicker than last year. However, MU expects that the H-1B cap will remain open until at least mid-summer.

If you are considering filing an H-1B cap-subject petition, MU 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

Read the full Healthcare and Immigration Law Blog at or

About The Author

Chris Musillo is a partner at Musillo Unkenholt 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 do not necessarily reflect the opinion of ILW.COM.

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