URGENT FY 2019 H-1B Cap Season Ends Soon

The H-1B employment visa is limited to 65,000 regular and 20,000 Master's Cap visa applications per year, called the H-1B Cap. The soonest an employer may file an H-1B petition is April 1st, for an October 1, start date. This year, the filing for H-1B Cap is April 2nd Monday. We begin the H-1B petition preparation process in February for the coming April 2nd filing. Last year more than 85,000 H-1B cap petitions filed were within April 1st filing date.

When the H-1B Cap is reached (65,000 Bachelor's Degree Cap and 20,000 U.S. Master's Degree Cap) the first 5 days of filing there is a lottery for the petitions. Last year 66% of employers had their H-1B petitions returned. There is no way of knowing how many petitions will be filed this H-1B Cap Season, however, we anticipate that at least 85,000 Cap petitions will be filed this year.

We ask companies to evaluate their H-1B needs and notify us as soon as possible. Please, do not wait to the last minute. The H-1B petition has specific requirements that must be met and supporting documentation must be obtained. In order to file an H-1B petition a specific professional employee is identified for a specific specialty occupation requiring on specific specialty degree. The H-1B petitions cannot be filed, with a name to be entered at a later date.

The H-1B positions offered to foreign national employees require attestations regarding, job duties, worksite, wage, technologies, source code, and technical data made available to the employee. Start-ups, small businesses, and consulting companies require additional documentation above the standard H-1B petition. Let us guide you to ensure your petition will be successful!

We expect the H-1B Bachelor's and U.S. Master's Cap to be reached within the first 5 business days of April. We advise you to act as if April 1st is the "must file" date and start early. We need at least five working days in order to prepare and obtain a certified Labor Condition Application (LCA) from the Department of Labor (DOL) before we can file the H-1B petition. Towards April 1st the DOL gets extremely busy and the timeframe for an approved LCA has been longer.

Our goal is to give you the best service possible. Look at employees who are on F-1 (student practical trainees) who need an H-1B to continue working with you, résumés of persons who are currently going through the hiring process, and persons who were not able to make it under last year's H-1B cap and contact us now.

Should you have any questions, please do not hesitate to contact our office at 650)588-7100. You can also email Mandy Fok or Kim Salvador

Thank you for your time, confidence, and support!

Donald E. Smith

Managing Attorney