The filing period for new H-1B visas under the cap opens soon, on April 1st.    So, now is the time for you to organize and plan to get the most from the new filing period.  You might wish to access a recent audio conference we had on the topic where we also address the tougher standards and document requirements and the new regulations around the employer-employee relationship.  Below is a brief review of what the employer needs to do to prepare:

1)  Plan and identify the workers subject to the cap:  The applicants that fall into this category are applicants for new H-1B visas that will most likely be either: (a) new hires or current employees with non-immigrant status that will NOT permit them to work continuously through October 1, 2010.  These would be F-1 students on OPT, J-1 exchange visitors and H-3 trainees; (b) candidates who are outside the USA and have not been counted against the cap; (c) Employees you wish to maintain on a permanent basis who might require a change of status as a necessary means to your long-term business strategy of sponsoring them for their green-cards (L-1Bs, L-1A managers who do not qualify for EB-1C multinational manager green-cards and TNs).

2)  Delays due to LCA Issues:  Utilizing the new iCERT system that still has many quirks, can delay filings up to 7-14 days, with erroneous and improper denials based upon their inability to verify the employer’s EIN#.  Given that LCA’s can be processed up to 6 months in advance for a cap case with a start date of 10/1/2010, with proper planning – these delays can be avoided.

On October 1st of every year, 85,000 new H-1B visas become available, with 20,000 of them set aside for advanced degree graduates of colleges and universities in the USA.  The “cap” quota only applies to filings for new employment.  H-1B extensions and transfers to a new US employer are not subject to the annual cap.

Employees of institutions of higher education and certain non-profit or government research organizations are exempt from the cap.  Please remember to discuss this category with your immigration attorney because it can be tricky.

Please do not hesitate to contact Immigration Solutions with any questions or concerns you might have.  We are available to handle your casework or, if you process your own H-1B cases, to consult with you and review your casework for approvable USCIS filing.