April 1st is the earliest that employers are permitted to file an H1B petition for the following fiscal year, which starts October 1st.  An employer cannot file an H1B petition earlier than six months before the date of the actual start of the individual’s sponsored services.

In addition to the quota of 65,000 visas to be processed annually, there is an H1B Cap Exempt System that also allows for additional petitions. The petitions in this system are not counted against the annual quota. The H1B Cap Exempt System is designed for all H1B non-immigrants who work at the University of the Virgin Islands and other colleges anduniversities and non-profit research facilities, but do not work for that organization. For example, a U.S. Virgin Islands contractor working on a project that is located on the premises of this type of organization—but are not directly employed by the institution— may be exempt from the cap. In addition, movement among and between employers does not count toward the annual quota. The only exception is when an individual is changing jobs from an employer exempt from the limits (academia or research) to one that is not exempt.

The United States Citizenship and Immigration Services keeps accepting H1B petitions that are not subject to annual numerical limitations throughout the year. The "cap exempt" provision of the H1B visa program lets certain US companies and organizations hire any number of H1B workers for all types of H1B jobs and apply for H1B visas at any time of year.

The H1B Cap Exempt System is an ideal method to avoid the stress and frustration of the regular quota. The H1B Cap-Exempt Visas pertains to first-time H1B visas for people who obtain sponsorship employment with non-profit organizations, government research organizations, or higher education institutions.

It is your responsibility to ensure that your Form I-129 is completed in the right way. If you do not fill it out with the correct information and provide the fees or documentation that are necessary, it may be rejected or denied.

Sound confusing? It won’t be with the assistance of an experienced BoltNagi attorney.  Ashley Dworsky and Laura Nagi have worked with immigration issues, and as one of the largest firms in the United States Virgin Islands, has the experience and resources to assist you. Please contact BoltNagi PC a [info@vilaw.com or (340) 774-2944] today.