H-1B Cap May Be Met First Week of April: Finalize Your Filings Now; Sleep in Peace Later!

As you know, the first day we can file a new H-1B petition subject to the cap is April 1. In recent years, the H-1B cap has lasted at least a few months (until June 11th last year). However, it is anticipated that the cap may be met the first week of filing this year. To sleep soundly knowing your H-1B petition is filed on time, keep the following in mind:

  1. Finalize your filings now! Remember, we must have a certified labor condition application (LCA) prior to filing the H-1B petition. It can take a week or more for the LCA to be certified, and as you know, technology is apt to fail when a deadline is looming. So be sure to factor in extra time so your petition is filed on time.
  2. USCIS has announced that the premium processing timeframe will not begin for H-1B cap cases until April 15th, 2013. USCIS reported that "Based on feedback from a number of stakeholders, USCIS anticipates that it may receive more petitions than the H-1B cap between April 1, 2013 and April 5, 2013." Remember, even if you file via premium processing, it is no more or less likely that your petition will be selected, if there is a lottery. Also, if your H-1B petition is cap-subject, you cannot start working until October 1, even if your petition is already approved.
  3. If USCIS receives a sufficient number of petitions to meet the cap the first week of filing, there will be a “lottery” drawing from the pool of cases received from April 1 through April 5. That is, if your petition is properly filed and received April 1, 2, 3, 4, or 5, your petition will be part of the pool from which the H-1B “winners” are selected. If the cap is not met by April 5, there will not be a lottery (except perhaps just among those cases received on the exact day the cap is met).
  4. There is no change in the number of H-1B petitions that USCIS will accept. You may have head in the news about the possible immigration reform measures, which may include an increase in the H-1B cap. As of now, there is no change in the law, and only 65,000 H-1B cap cases are available, plus an additional 20,000 for US master’s degree holders.

To begin your H-1B petition filing today, please call our office at 804-396-3412. For additional information on the H-1B classification, including best practices for filing, please see https://www.sumnerimmigration.com/what-is-an-h-1b-visa/.

Recent blog posts

Great news for those applying for naturalization to become a US citizen! USCIS will now continue to use the 2008 version of the civics test. In the last days of the Trump administration, USCIS announced that they would use a longer and harder version… Read More
By Nikita Hernandez, Sumner Immigration Law Paralegal It’s official! You’ve become Mr. or Mrs. and want to take on your spouse’s name while getting your US permanent residence situated, but when is the best time to do that? APPLYING FOR A NAME… Read More
One of the most common questions that we receive from our clients is about case processing time. The USCIS and DOL estimated case processing times are available online, but that source can be frustrating as they sometimes give a wide range of timefra… Read More

Read More Blog Posts

“Let me start by saying I’ve heard of people filing their own immigration paperwork with disastrous results. If you have an immigration matter pending, lawyer up. plain and simple. (You wouldn’t perform open heart surgery on yourself would…”
– Edgar
“Emily Sumner has been my legal counsel since 2006 when she handled a somewhat complicated turn of events related to my change of status from HOB-J1. This was a matter in which we had hours to act rather than days, in order for me to avoid having to l…”
– Avanti

More Client Reviews