February has rolled around again, so it's time to start working on H-1B petitions that must be filed on April 1 for eligibility under the H-1B cap.  

Some entities are exempt from the H-1B cap (colleges, universities, nonprofits affiliated with colleges and universities, nonprofit research organization and government research organizations). Exempt employers can sponsor employees for H-1B status any time of year. However, other employers are subject to the cap and only can file initial H-1B petitions for new employees on April 1 of each year.  

If your company is subject to the H-1B cap and you have a foreign national working for you on Optional Practical Training (OPT) with employment authorization, then H-1B is probably the next step. The OPT will expire. Thereafter, continued employment may depend on the employer filing an H-1B petition on April 1.

CGWG offers representation in immigration matters, including assistance with H-1B petitions. Please feel free to contact Misty Wilson Borkowski at 501-371-9999 or eat0@eau0eav0eaw0.

You can find more detailed information about the H-1B visa process on our blog.

For upcoming training opportunities regarding H-1B visas and other immigration issues, click here.