Did I say lottery? Yes, applying for the H-1B is like playing the lotto. In 2018, the number of H-1B visa applicants were 199,000, while the total number of visas available is only 85,000. You do not have to be a STEM (Science, Technology, Engineering, Math.) major to understand the odds. Suffice to say that you would want to ensure that your H-1B visa petition is correctly and timely filed. There is no room for error. The H-1B visa is one of the most popular work visas. In fact, it is the only work visa that is available for US companies if they must hire foreign born talent. However, one of the major issues with this visa is the H-1B cap. The H-1B cap is a numerical limit on the number of foreign workers authorized to work in the United States annually under H-1B status. There are only 65,000 H-1B visas that are available for each FY, out of which 6,800 visas are reserved for citizens of Chile and Singapore. Additionally, anyone who has a master’s degree or higher (advanced degree) in their field from a U.S. institution will have their petition entered into the master’s cap, which is an additional 20,000 visas (essentially bringing the total cap to 85,000 available visas).

In recent years, the H-1B visa category has been the subject of intense scrutiny and debate. On January 30th, 2019, Department of Homeland Security announced some major changes in the H-1B visa program. The most important change introduced by the new rules for the current FY is the order by which H-1B petitions are being selected under the H-1B regular cap and the advanced degree exemption. The change will likely increase the number of petitions for beneficiaries with a master’s or higher degree from a U.S. institution of higher education to be selected under the H-1B cap.

There is data that suggests that so far in FY 2019, there have been both an increase in lengthy Requests for Evidence and a decline in H-1B approvals.

For companies that are looking to hire talent that is scarce, and for the high-skilled workers who are looking forward to their dream jobs, there is a lot at stake here. To ensure that your H-1B petitions are being correctly and timely filed, contact us today. There is no time to lose!