FY 2018 CAP Season – More Important than Ever

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By: Jalpa Shah, Esq.

Although President Trump has promised changes to the H-1B program, there are no actual changes to the current eligibility for an H-1B Petitioner (Employer) or Beneficiary (Employee).

Starting April 3, which is the opening day for FY18 cap-subject H1B petitions, USCIS will no longer accept premium processing for all H-1B petitions.  As stated by USCIS, the suspension may last up to 6 months, at which point the Employers may be able to convert the petitions to premium processing.

For many employers, this may be a sign of relief, as they no longer have to make the difficult decision of whether to submit the petitions with premium processing.

For many other employers, this cost-saving measure may allow for them to fill more of their open positions by submitting more H-1B petitions.

In addition, earlier this week, DOJ is seeking to suspend new H4 EAD adjudications for 90 days.  This news creates uncertainty for those spouses of H-1B applicants who are currently working.  To err on the side of caution, we are recommending that employers who currently hire employees with H4 EADs and cannot find another suitable employee for the position, to file H-1B cap-subject petitions.

With no changes to H-1B eligibility and fear of losing future work authorization for valued employees, this FY18 CAP Season is becoming more important than ever.

It is still not too late to file. Should you need assistance with your filings, contact the Chugh office near your city.

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