H-1B in General: U.S. businesses utilize the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as science, technology, engineering, or financial services. As part of the H-1B program, the Department of Homeland Security (DHS) and the Department of Labor (DOL) require U.S. employers to meet specific labor conditions to ensure that American workers are not adversely impacted, while the DOLs Wage and Hour Division safeguards the treatment and compensation of H-1B workers.

The H1B program has a limit on the number of H-1B petitions which can be approved in any Fiscal year and we have reached the “CAP” in each of the last 15 years, some years as soon as the filing period begins giving employers less than one week to insure all submissions are filed. This past year over 236,000 petitions were received in the first five days of filing for only 85,000 H-1B visas. New filings will begin again for fiscal year 2018 on April 1, 2017 for effective start dates of October 1, 2017.

Individuals seeking to change H-1B employers or extend H-1B status may continue to file even though the H-1B fiscal year “CAP” has been reached.

We encourage both employers and individuals to contact our office to discuss H-1B options and alternatives to the H-1B program. We have been advising employers on non immigrant options for over 30 years and are recognized for our expertise in employment based immigration.