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H – 1B prediction for April 1, 2015

For over 15 years of practicing the immigration law, we have encountered years wherein the H – 1B applications were filled up within the first day, and we’ve seen the H-1B visa program available throughout the entire year. Not only is every year different, in prior years the number of H – 1B has varied. Fortunately, for the last few years the number has remained at 85,000. Last year there were about 50% rejection rate based on a roughly 164,000 H-1B’s submitted. The question we are receiving from our clients is “Do we believe the percentage of rejection will be higher than 50%?” First off, those who have a Masters degree in the United States have an advantage of additional 20,000 H – 1B available to them, and if rejected, their H – 1B application gets move to the regular 65,000 available H – 1Bs. Therefore, our prediction is for the regular 65,000 H – 1Bs that are available by April 1, 2015 for an October 1st, 2015 start date. Based on the economy improving and the H – 1B applications that our clients have already submitted to us to prepare, we are estimating a 50% or 55% rejection rate. We hope that we are incorrect and that more H – 1Bs will be accepted but we have prepared our clients for this possible scenario.

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Andrew P. Johnson - Immigration Lawyer