The H-1B quota is slowing reaching its limit. The so-called advanced degree cap is now full and approximately 53,800 cases have been counted against the 65,000 allocated to the regular cap. USCIS has advised that those wishing to be counted against this year’s cap should submit their applications as soon as possible.
A lot has been said about how much longer the H-1B quota has lasted this year. There’s a been a lot of speculation about the reasons why the quota is still open. It’s pretty obvious that the economic situation has led to a reduced number of filings, but less people talk about the other reason. USCIS is generally pretty skeptical about the H-1B program, believing that many candidates for H-1B are filing marginal cases. This has increased the number of requests for evidence that USCIS has issued this season as well.
While the open cap provides an opportunity for a late-season submission, H-1B applicants and their employers should be well aware of the scrutiny they may have to endure. Working with advocates like the attorneys at Fong & Aquino will ensure that you have a candid opinion before you make the decision to file an H-1B and how you can make a difference in your chances by simply being educated about the H-1B process.
Anyone wishing to file an H-1B case should call the attorneys at Fong & Aquino for a consultation and realistic assessment of their case. —ecf