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Brown Immigration Law LLC
As of 5/11 USCIS reports receiving 51,500 H-1s – this is six weeks from the start
Week 1 saw roughly 25k filed Weeks 2 – 6 have seen just over 5k a week which is very strong demand
– 1k H-1s filed a day Trending suggests Hs gone within 6-7 weeks H-1 cap does not effect Cap-exempt institutions It does not impact H-1 extensions/renewals if previously counted against
the cap Once cap is reached we won’t have available H-1s until next year (filing
in April for October 1 start dates)
Stay where you are Look at alternatives based on business
relationships/investment/nationality Go back to school Rely on your spouse
We often file H-1 applications to put someone onto a stable work authorized status to permit travel and green card processing
When the H-1 is unavailable individuals in TN or L status may choose to stay put for now
If on F-1 status and working on an OPT EAD, review options to extend based on STEM/E-Verify or cap gap
Also consider returning to school
Each of these should be explored to determine if they are a possible fit:
TN – must be from Mexico/CanadaH-2B – must be from approved country in temporary position for employerJ-1 – review trainee or intern optionsO-1 – for extraordinary applicantsE-3 – for Australian nationalsE-2/E-1 – for treaty nationals with qualifying investments or trading companiesL-1 – if a transfer from a related company
If OPT EAD is exhausted and STEM/E-verify extension not an option school may afford CPT option of work for credit
CPT permits salaried work for credit
Can be band aid solution that gets one to H-1 status with helpful supervisor/school
If a new degree level is obtained a new OPT period is available
If in a qualifying E-2 or E-1 spouse, or J-2 or L-2 status work authorization is available from USCIS
EAD is required to begin working – takes about 90 days Downside is employment is tied to spouse’s continuing status Upside – individual would not be work authorized without their spouse so
accept it and worry about filing an H-1 next year
Final thoughtUnless a change is made in H-1 numbers we will see a shortage of H-1s again
next year and these other visa status options will become increasingly more important. So be sure to identify possible H-1 candidates early and also think about alternatives to the H-1
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