The United States allows 65,000 foreign nationals to enter the country each year to temporarily perform work. This year, the United States Citizenship and Immigration Services will begin accepting H-1B visa applications for 2018 on April 3, 2017. However, it is important to know that no applications will be reviewed for at least six months after their date of submission. This is a new change in the H-1B legislation, as the Trump Administration has recently made the decision to not permit USCIS to review any applications for 6 months to allow them to catch up on those that have been previously submitted.

It is also important to be aware that the USCIS has just recently stopped reviewing and accepting applications for the 2017 fiscal year because the cap of  65,000 has been reached. However, applicants in some professions are exempt from the applicant cap and may still be accepted. Some of these exemptions can include those who are working on an H-1B visa in the Commonwealth of the Northern Mariana Islands or Guam.

Of course, it all depends on your situation because it’s different for everyone even when there is legislation in place. If you are a foreign national and have questions about whether you qualify for an H-1B visa or even an H-2B visa, it is important to consult with an experienced immigration attorney who can provide you with the assistance you need. The Law Offices of Cheryl R. David can assess your situation and help you determine when to apply and which application is suitable for you.

The Law Offices of Cheryl R. David practices immigration law throughout NYC. If you have questions as to whether consular processing is right for you, or you can maybe change your status in the United States instead of going home, please contact the office to discuss your situation and options.