Yes – it’s the season to start preparing H-1B “cap” filings again for Fiscal Year 2011.
The USCIS FY starts on October 1st each year. Thus, fiscal year 2011 starts on October 1, 2010 and runs through September 30, 2011. Regulations permit cap subject filings 6 months in advance of the October start date for cases to be received at USCIS on April 1, 2010.
The following are suggestions to help you for the upcoming cap season. Our suggestions are based on existing law, as well as USCIS guidance and our experience from prior years.
USCIS frequently issues updated guidance with slight procedural variations for each fiscal year. For example, the LCA process changed in July – note it is taking sometimes up to 7 days to obtain an approval. In case of a denial such as problems with verifying an employer’s EIN# which is quite common unfortunately, obtaining an LCA may take even longer.
Immigration Solutions is accepting H-1B cases for FY2011 at this time. We have a team of experienced attorneys, case managers and paralegals in our business unit who are currently working on new H-1B cap-subject cases. The cases will be prepared in advance and will be transmitted for delivery on March 31, 2010, for USCIS filing on April 1st. In order to file, it is necessary to have an appropriate job offer from a U.S. employer who is willing to sponsor the H-1B case.
The USCIS has increased scrutiny on all H-1B cases and imposed tougher standards, particularly those filed in the IT consulting industry and for software companies. These new standards also affect healthcare staffing agencies that place workers at 3rd party jobsites. The standards for approval have become more stringent. It is necessary to recognize this trend when preparing new H-1B cap cases for filing. For this reason, we recommend that you work with an experienced law firm that specializes in employment-based immigration. Click here to contact us for your new H-1B case now.
NOTE: Immigration Solutions is sponsoring a free teleconference on February 10th that will address the tougher standards in the H-1B category. For more on this and to RSVP, we link to our blog
On March 12, 2012 USCIS revised the FAQs that reference the Jan 8, 2010 Donald Neufeld Memo that relates to the employer-employee relationship in adjudicating H-1B Petitions for 3rd Party Jobsite Placements. This topic is still very complex and greatly impacts the IT, healthcare and staffing agency industries in their ability to file for H-1B visa petitions on behalf of foreign professionals. We link above to this updated guidance, and remind you that our office is available to assist you with your H-1B case filings as it relates to these and other industries. If you have any questions pertaining to this topic or any other matter, please contact us.