U.S. Citizenship and Immigration Services (USCIS) will start accepting H-1B cap-subject filing for fiscal year 2015 (FY15) on Tuesday, April 1, 2014 with an H-1B start date of October 1, 2014. Once the cap is reached, the next H-1B cap will not open until April 1, 2015, with an H-1B start date of October 1, 2015.

Last year, over 120,000 H-1B filings were received by USCIS during the first five business days of April, leading to an H-1B lottery. Most analysts anticipate that a lottery may once again be required, given the improvement in the economy, barring immigration reform. Specifically, the SKILLS Visa Act, passed by the House Judiciary Committee in June 2013, would increase the annual H-1B cap to 155,000. Recent talk of immigration reform has focused on allowing separate measures on immigration reform to be called to a vote, so optimism remains that the FY15 H-1B cap could be increased if the SKILLS Visa Act passes through Congress and is signed into law by the President.

As the new year has begun, it is critical for employers to assess the immigration needs of their future workforce, and to initiate the process of preparing their H-1B petition now, well in advance of the all important April 1, 2014 date. Early preparation allows your attorney time to identify all essential documents and potential issues, and also allows time to correct problems and gather the information and evidence needed to ensure a smooth overall process without the stress of a last minute filing.