August 29, 2004

H-1B CAP WARNING

The H-1B Cap is likely to be used much earlier this year than it has been in previous years. After the cap runs, and absent executive authorization to utilize unused slots under the previous cap(s), and/or congressional legislation increasing the number of H-1Bs allowed, employment under the H-1B classification cannot commence until October 1, 2005 (which is when the Fiscal Year 2006 cap begins). Furthermore, filings under the FY 2006 cap, could only take place on April 1, 2005 at the earliest (6 months prior to which employment thereunder could commence).

Therefore, if you or your firm require any H-1B filing, it would be wise to submit the same sooner rather than later. We do not know when the cap may run. However, we are certain that it will run soon. It could be a month or two months, or even sooner.

If you require information regarding classifications that may be used in lieu of the H-1B, such as the L-1A or L-1B, please contact our office.

To contact an M&S representative immediately, please select from the options below.