Interested in learning more about the 2023 H-1B Cap process? We’ll be hosting a 2023 H-1B Cap Survival Bootcamp presentation and discussion via Zoom on Friday, March 3rd from 12pm MST to 1pm MST. Space is limited! If you’d like to attend the presentation, please RSVP no later than 5pm on Friday, February 17th to reserve your spot.
USCIS Announces that the H-1B Cap has been Reached
On April 7, 2016 U.S. Citizenship and Immigration Services (“USCIS”) announced that it had received more than the statutorily allowed number of H-1B petitions for fiscal year 2017. As such, USCIS will no longer accept H-1B petitions for this fiscal year. In the one week that USCIS accepted H-1Bs the agency received more than 236,000 H-1B petitions. Under the law a maximum of 65,000 H-1B petitions may be issued per year, in addition to a limit of 20,000 H-1B petitions filed under the Master’s Cap for those with advanced degrees from U.S. colleges and universities.
Since the H-1B Cap has been closed, USCIS performed the random computer-generated lottery process to select which H-1B petitions will be counted under the Cap. In the coming weeks USCIS will reject and return all unselected H-1B petitions with their filing fees. Those who received an H-1B Cap number will begin to receive receipt notices. USCIS will continue to accept H-1B Cap exempt petitions.
It’s H-1B Season!
It’s H-1B season! As a reminder to employers in the tech industry and other sectors that rely on H-1B workers, employers must file their H-1B petitions April 1, 2016 to try to obtain one of the limited H-1Bs with a start date of October 1, 2016.
There are a total of 85,000 H-1B visas available each year, with 20,000 of those reserved for individuals who obtained a master’s degree or higher in the U.S. During the first week of April last year, USCIS received nearly 233,000 petitions, up from the 172,500 petitions received in 2014. As such, time is of the essence. Please contact us now if you have employees currently on working on OPT or if you are recruiting foreign nationals and you would like to submit an H-1B visa on their behalf.
Premium Processing of H-1B Cap Petitions to Begin on April 27th
USCIS announced that premium processing of cap-subject H-1B petitions for FY2016 will commence on April 27, 2015. They also stated that the 15-day processing period will begin at that time and not as of the date listed on Form I-797.
USCIS Reaches the H-1B Cap for Fiscal Year 2016
The H-1B lottery cap and the advanced degree Master’s cap have been reached for fiscal year 2016. USCIS will now apply a random, lottery process to select the 65,000 H-1B cap-subject petitions that will be issued H-1B visas. First, USCIS will randomly choose petitions for the advanced degree Master’s cap exemption to the H-1B cap. Once these 20,000 petitions are selected, all unselected advanced degree Master’s cap petitions will be added to the general lottery and 65,000 petitions will be selected. USCIS has not announced when it will perform the lottery process. H-1B petitions that are cap-exempt may still be submitted to USCIS for consideration.