H-1B CAP 2019 (FY 2020) petitions must reach the USCIS no earlier than Monday April 1, 2019. Kidambi & Associates has started processing H-1B CAP petitions for this year and we encourage you to contact us early to initiate processing. Please sign up for updates from our office below.
If not familiar with our CAP intake process, kindly contact us for process steps and checklists. Congress set the current annual cap for the H-1B category at 65,000. Not all H-1B nonimmigrant visas are subject to this annual cap. Please note that up to 6,800 visas are set aside from the 65,000 each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore free trade agreements. Unused visas in this group become available for H-1B use for the next fiscal year. An additional 20,000 H-1B petitions are set aside for the U.S. advanced degree exemption.
Our H-1B webinar this year was a huge success. We received a lot of positive feedback and the attendees found it extremely informative. Please stay tuned for another webinar during our next H-1B cap season.
Important Notes for this year:
1. Candidate Backgrounds and documentation:
* Ensure degrees are related (in the relevant field) and candidates have submitted copies of all degrees and transcripts;
* where the degree is an unrelated field, the candidate must possess a minimum of three years of experience in the field to qualify for the position
* Letters of experience must be detailed and provide progressive experience and skills used. Additional care must be taken to provide exact dates of prior employment
* An evaluation of education and experience will be required to complete the process and takes additional time
* Please upload documentation as one continuous feed as opposed to multiple documents
* Review your scans to ensure they are legible and the seal of the university is clearly visible with date of graduation on the degree certificate
* Do no upload extraneous certificates (e.g., best student award, most valuable employee certificate, etc.)
* The USCIS is evaluating positions based on salary. Level 1 salaries for a majority of technology related positions are no longer considered to be acceptable for H-1B positions
3. Master’s CAP
* Candidates eligible for the Master’s CAP must already have the degree certificate, or obtain a letter from the registrar confirming that all of the degree requirements have been met. If the educational institution does not have a registrar, then such a letter must be signed by the person in charge of educational records where the degree will be awarded.
* Please have the candidate obtain all copies of prior I-20s and proper endorsement if the candidate is currently employed on a CPT
* Additionally, provide proof that the candidate’s school is authorized to grant CPT and is an integral part of the curriculum
* CPTs issued immediately upon joining a program of study are suspect and may not be valid
* Multiple CPT/OPT candidates will run into additional scrutiny
4. Consulting Companies
* Must document “Right to Control” the work assignment; letters, emails or other forms of acknowledgment must be submitted in advance
* Documentation of employer-employee relationship must be submitted (contracts through the chain to the end-client)
* Additionally, check and ensure the employer’s VIBE profile is updated and reflects accurately the current profile of the Company
* All online profiles of the Company must the most recent information. Check FB, Linkedin, D&B prior to filing
* Checks should preferably be printed and contain accurate information
* Checks should be printed with MICR ink
* Make all checks payable to U.S. Department of Homeland Security
* Checks should be recently dated for April 1st filing; US Postal Money Orders are the only acceptable alternative
6. Recently Incorporated Entities
* Please immediately schedule an appointment to go over requirements
* Establish a D&B number and VIBE profile
* Establish an online presence
* Obtain a professional business plan and be prepared to establish qualifying H-1B work
We look forward to working with you again!