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H-1B Employers: Ready for the Upcoming H-1B Cap Season?


The competition for H-1B professional worker visas begins April 1, 2017. Employers of recently graduated foreign students and others will vie for new visas, which are limited to 65,000 per fiscal year (the “H-1B cap”). And of these, 6,800 are reserved for citizens of Chile and Singapore under certain free trade agreements, effectively leaving only 58,200 new H-1B visas for other foreign nationals. Employees holding U.S. master’s degree or higher have a slight advantage. Congress carved out an exemption of 20,000 visas for this group (“master’s cap”). If a qualifying petition does not make the master’s cap, it gets a chance...

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H-1B Petition: To Amend or Not Amend


H-1B employers must consider several questions before changing the work location of H-1B employees: Where is the new place of employment located? Is the new place of employment located in the same MSA as the employee’s current worksite? Is the change in place of employment temporary? If so, how long is the employee’s services needed there? If employers are wanting to move their H-1B employees to worksite locations outside the original metropolitan statistical area (MSA) indicated in the LCA, then it must file an amended petition before the employee can start work there. Failure to do so is a violation. This...

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