Law360, New York (December 18, 2015, 12:54 PM EST) -- As we near the end of 2015, business immigration firms across the nation prepare for yet another busy H-1B cap season next year. Given an overwhelming demand for H-1B visas that exceeds the annual quota, the U.S. Citizenship and Immigration Services will use a random selection process to allocate quota numbers.[1] Among those lucky enough to secure a spot in this H-1B lottery selection, some foreign nationals will inevitably seek H-1B sponsorship with another employer. Yet, recent USCIS adjudication trends suggest a new restrictive reading as to when a foreign national is counted toward the quota. Accordingly, employers seeking to sponsor cap-subject H-1B petition approval beneficiaries prior to visa issuance, or the effective date of the underlying cap-subject petition using a cap-exempt H-1B petition, should tread carefully....
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