It is the time of year again when employers begin the process of seeking H-1B visas on behalf of talented and qualified foreign nationals. The approvals of H-1B visas are subject to an annual cap of 85,000. However, the demand for H-1B specialty occupation workers by U.S. companies generally exceeds that numerical limitation. In fact, last year the cap was reached within five business days with 172,500 petitions being filed.1
Consequently, each year the cap is met, employers fund the costly process of preparing and filing petitions only to have them ultimately not selected for consideration on the merits. Therefore, this cap not only limits the number of visas offered, it limits the number of qualified employees that may enter, or remain in, the U.S. and contribute to the economy. Despite previous congressional and executive agency action, there is a further need to reform immigration law to resolve the lack of available H-1B visas and to meet the needs of U.S. employers.
