What are H-1Bs?

H-1Bs are temporary work visas for workers who are coming to the U.S. to work as in a specialty occupation, fashion models of distinguished merit and ability, or those engaged in a Dept. of Defense cooperative research and development project or co-production project.

If you have immigration questions, the Immigration Law firm of Maria M. Cordon can review your immigration history and determine whether you are eligible for a cap-exempt H-1B.

What is the H1B cap?

The annual limit on the number of H-1B visas ( known as the H1B cap ) is currently 65,000. This number was further reduced to 58,200 annual visas after the Immigration and Nationality Act was amended to deduct the number of H-1B1 visas granted under the U.S.-Chile Free Trade Agreement and the U.S. Singapore Free Trade Agreement pursuant to their respective trade agreements. The visa numbers that are not utilized under these trade agreements for the fiscal year are added back to the 65,000 between Oct. 1 and Nov. 15th of the next fiscal year.

When do H-1Bs become available?

The first day of the fiscal year for H-1B purposes begins on Oct. 1 because that is the first day H-1B visas become available. You can begin applying for an H-1B six months ahead of time on April 1.

What are cap-exempt H-1Bs?

Employers wanting exemptions for H-1B non-immigrant employees from the hiring limitations need to prove eligibility. Exemptions include:

1. H-1B extensions, whether for an existing or a new employer if the H-1B has already been counted against the cap;
2. amended H-1B petitions if the H-1B has already been counted against the cap;
3. concurrent employment if the H-1B has already been counted against the cap;
4. foreign medical graduates in J-1 status being waived the 2 year residence requirement on behalf of federal or state agencies;
5. beneficiaries who are employed at, or those receiving employment offers at, higher education institutions (Higher Education Act of 1965 101(a), 20 USC 1001(a)) or non-profit organzation (affiliated or related);
6. beneficiaries participating in a training program in close collaboration or jointly managed with a qualifying institution of higher education when the result of that collaboration directly and predominantly furthers the essential purpose of institutions of the of higher education.

How can we help you?

We can review your immigration history and determine whether you are eligible for a cap-exempt H-1B and help document your exemption. We advise employers regarding the feasibility of qualifying for an H-1B exemption, and we exempt qualifying organizations from the H-1B cap. Ms. Cordon has exempted hundreds of foreign nationals from the H-1B cap. She also litigated the leading case to date on H-1B exemptions winning a landmark decision exempting bilingual education teacher interns. This means qualifying elementary and secondary schools are now able to employ as many teachers as they need.

Benefits for qualifying for an exemption from the H-1B cap for organizations or for H1B specialty workers in a qualified training program include, among others, obtaining specialty occupation workers when your organization needs them and that if your organization qualifies for an exemption from the H-1B cap, it will also be exempt from the most onerous USCIS filing fees.

To learn more about the H1 B Cap, please contact us to schedule an immigration consultation.