Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.

 Skip to Content

Prepare to File H-1B Petitions by March 31
February 20, 2014

Employers and foreign nationals should note that the new H-1B quota numbers for fiscal year 2015 will become available on April 1, 2014. Employers should start preparing new cap-subject H-1B cases immediately to maximize their chances of being able to hire new H-1B workers.

We believe demand for H-1B workers will be high this year and that the 2015 H-1B quota will be exhausted within the first week of filing as occurred last year. If the number of petitions received during the first five business days of April exceeds the annual quota, USCIS will conduct a lottery.

Given that demand is likely to far exceed this year's supply of visas, it is imperative that employers file all new quota-subject H-1B petitions on March 31, 2014. Employers should immediately identify employees who will need H-1B visas and start petition preparation.  The Labor Condition Application, which is a necessary part of the application, is taking from 7-10 days to process, and employers must take this additional time into consideration to guarantee timely approval and ability to file the H-1B petition on March 31, 2014.

Absent immigration reform, the annual limit for H-1B visas will remain at 65,000 for new, cap-subject petitions for fiscal year 2014-2015, with an additional set-aside of 20,000 visas for individuals with advanced degrees from U.S. institutions.

There are certain exceptions to the H-1B cap, as well as other visa options that may be available to meet staffing needs, but employers must start planning now to keep all options open.
Related Practices
Immigration Planning and Compliance
©2024 Carlton Fields, P.A. Carlton Fields practices law in California through Carlton Fields, LLP. Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our Contact Us form via the link below. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites.