From 1st April 2016, the USCIS might start accepting the H-1B specialty employee petitions for next year which starts on 1st October 2016. In order to be eligible for category of H-1B, the position which is being offered should be the specialty in which the bachelor’s degree is the least requirement and overseas national should hold the bachelor’s degree in specialty which is defined by position. In few circumstances, this threshold might be reached through the combination of education and job experience.
Because of massive demand for yearly granting of 85,000 fresh positions, employers who seek to file fresh petitions of H-1B for the present or future employees must do so on 1st April. The H-1B approvals requested by the employers have reached the yearly H-1B limit every year for more than ten years. Previous year, USCIS had got around 2,33,000 petitions in initial week and then conducted a random lottery for determining which petitions will acquire a spot.
Certain employees to be considered
Students holding F-1 visa status and also doing job for your firm under the grant of OPT job permission. L-1 intra firm transferees who are doing job for your firm. Candidates who are not doing job for your firm but had an interest in employing in future.
F-1 students and L-1 transferees has restricted duration job permission. If you seek to continue employing these individuals beyond their present authorization, then the category of H-1B might be an alternative.
Few F-1 students might hold the OPT job permission restricted to not over a year; F-1 students might be qualified for an extra 17 months of OPT job permission. There is possibility that the decision of court needs USCIS for revising in such a way in which 17 months of OPT extension are handled can affect the continued availability of these types of OPT extension approvals in the year 2016.
The L-1 intra-firm transferee visa category applies to overseas nationals who has been employed overseas in managerial, executive or specialized knowledge capabilities for a minimum of one year period with the commonly owned overseas firm and those are in the US doing job for the similar or related employer of the US.
Individuals already counted under H-1B limit and require an stay extension are not subject to yearly restriction. Similarly, individuals who are holding the H-1B status and are transferring to the fresh employer are exempted from the limit. The yearly restriction applies only to the individuals not yet counted against yearly limit. Also, few types of nonprofit and educational organizations that file the petitions for H-1B are exempted from H-1B numerical restriction.