With just over two weeks left before the opening of cap season, your organization should act quickly to identify remaining H-1B cap needs and work with your designated Fragomen professionals so that petitions can be filed on time. Make sure to gather necessary petition documentation as soon as possible, and remember to take labor condition application (LCA) processing times into account. It takes up to seven business days, and sometimes longer, for DOL to review and certify an LCA. Submitting LCAs now will help ensure that your organization receives approved applications from DOL in time for the opening of the cap petition season.
The earliest that employers can make FY 2015 cap filings is the week of Tuesday, April 1, 2014 through Monday, April 7, 2014. Cases received by USCIS within those five business days are treated equally for cap counting purposes.
To safeguard against the risk of untimely delivery, we recommend sending cases for arrival at USCIS on April 1, the first possible filing day. Cap-subject cases must be received by USCIS no later than Monday, April 7, to be filed within the first five business days of the filing period. Employers should not submit H-1B petitions for delivery on or before March 31, 2014. FY 2015 cap cases that arrive on or before Monday, March 31, 2014 will be rejected.
If USCIS receives more than enough cap petitions to use up the entire quota between April 1 and April 7, it will run a lottery to choose the cases that will be processed to completion. Cases not selected in the lottery will be rejected and returned. In the unlikely event that the cap is not reached during this initial five-day period, USCIS will accept filings on a day-by-day basis until the quota is filled.
What This Means for Employers
If your organization has not yet begun to prepare for the FY 2015 cap filing season or has identified additional cap needs, contact your Fragomen professional as soon as possible. There is still time to prepare cases before the filing period begins. Acting now is the best way to maximize your organization’s chances of meeting its H-1B cap needs.
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