New Year Presents New Challenges for H-1B Use

As we move into the new year, employers who utilize the H-1B visa category for foreign national employees will be faced with new issues and challenges. There have been many recent developments, including, for example, new interpretive memorandums, implementation of an H-1B site visit program, and a new form that must be used for H-1B petitions. Employers must be prepared to consider these developments as they move forward with the H-1B process in the new year.

The H-1B visa category is reserved for those in “specialty occupations,” generally defined as those that require a bachelor’s degree in a specialized field as a minimum requirement. The H-1B category is subject to an annual per year limitation, or “cap,” on the number of visas available. Generally, only 65,000 “new” H-1Bs are available per the U.S. Citizenship and Immigration Services (USCIS) fiscal year — which runs Oct. 1 to Sept. 30 — with an additional 20,000 set aside for individuals who have earned a master’s degree or higher from a U.S. institution of higher education.