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H-1B Cap Season

February 4, 2019

It is that time of the year again. Beginning this month, we need to start preparing the necessary paperwork for cap-subject H-1B petitions your company would like to file. This process will allow your company to continue employing your valued F-1 student workers who currently work under OPT or CPT. There are several other types of cases that could benefit from H-1B status:

• L-1 workers from India or China for which your company would like to pursue permanent residence. L-1 workers are limited by a 5 or 7 year maximum period. Due to the permanent residence backlog for foreign nationals born in these countries, it might be necessary to convert these workers to H-1B so they can benefit from additional extensions available under H-1B.

• H-4 EAD workers. Because the Department of Homeland Security is planning to revoke work authorization for certain H-4 EAD spouses, your company should consider filing an H-1B petition for any H-4 employees with an EAD.

• TN professionals for which your company would like to pursue permanent residence. Although it is be possible to pursue permanent residence for certain TN professionals, there would be travel restrictions during the process. Therefore, your company should consider filing an H-1B petition for any TN workers you will want to employ for the long-term.

This list is not exhaustive, so please contact Rose Immigration Law Firm if you have any questions. USCIS has announced it will not change the system for filing H-1B cap-subject petitions, so we must file full petitions by the first five business days of April for a start date in October 2019.

Please contact us this week so we can initiate the process and file your petition within the short timeframe. We look forward to another successful H-1B cap season.

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