It's Friday, March 22nd. April 1st is fast-approaching. You've learned from a variety of sources that all H-1B numbers are likely to be spoken for during the first 5 days of April, but you just found a foreign worker with professional skills which would greatly benefit your business. Is it too late to petition for H-1B status for her?
There's no question that it's very late in the game, but there may still be time if you act immediately. All parties should understand that things may not work out and have their own back-up plans, but it could still be worth it. Your petition may well be placed in a lottery (i.e., held for possible random selection) along with petitions that reached USCIS on April 1st.
If you file an H-1B petition and it doesn't receive one of the FY 2014 H-1B numbers, there may still be alternatives even if they are restricted.
First, consider whether your organization is H-1B cap exempt. Exemptions are limited, but they exist. If you're not exempt as an employer, is the prospective employee cap-exempt? Again, the circumstances which exempt an individual from the H-1B cap are few, but the analysis could be completed just to make sure.
Next, is there another available status or opportunity for the individual to obtain work authorization? The options here are limited, too, but there is an alphabet soup of immigration categories available for specific purposes. One of these may suit your situation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
