Articles Posted in H-1B Cap

U.S. Citizenship and Immigration Services (USCIS) announced on Wednesday, March 15th that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2018 cap on Monday, April 3, 2017. Cases will be considered accepted on the date that USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.

The cap (the numerical limitation on H-1B petitions) for FY 2018 is 65,000. In addition, the first 20,000 H-1B petitions filed on behalf of individuals with U.S. master’s degree or higher are exempt from the fiscal year cap of 65,000.

USCIS recently announced, “USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions”. This temporary suspension of premium processing, which is for all H-1B petitions will start April 3rd and could last up to six months. While premium processing is suspended any Form I-907 filed with an H-1B petition will be rejected. If the petitioner submits one combined check for both the Form I-907 and Form I-129 H-1B fees, both forms will be rejected.

USCIS issued a news alert on Friday, July 8th stating that they have returned all fiscal year 2017 (FY 2017) H-1B cap-subject petitions that were not selected in their computer-generated lottery. USCIS completed the data entry of all selected H-1B cap-subject petitions on May 2nd (USCIS Completes Data Entry of Fiscal Year 2017 H-1B Cap-Subject Petitions). If you submitted a cap-subject petition between April 1st and April 7th of this year and have not received a receipt notice or a returned petition by July 22nd, contact USCIS for assistance.

Source of Information:

USCIS.gov, 7/8/16, News Alert:

USCIS announced (by email alert) on Monday, May 2, 2016 that they have completed the data entry of all Fiscal Year (FY) 2017 H-1B cap – subjected petitions that have been selected randomly through a computer generated process. USCIS will begin returning all H-1B petitions that were not selected but because of the large amount received; the return time frame is unknown. They also ask that petitioners not contact them until they have received a receipt notice or had their unselected petition returned.

For more detailed information about this subject please review the USCIS News Alert, “USCIS Completes Data Entry of Fiscal Year 2017 H-1B Cap-Subject Petitions“.

Source of Information:

On Thursday, May 12, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin premium processing for H-1B petitions subject to the FY 2017 cap, including H-1B petitions seeking an exemption from the fiscal year cap for individuals who have earned a U.S. master’s degree or higher.

USCIS first announced that we would begin premium processing for H-1B cap cases no later than May 16th in a USCIS news release dated March 16, 2016, so they are moving ahead quickly. USCIS provides premium processing service for an extra cost, for certain employment-based petitions and guarantees a 15-calendar-day processing time.

Note: USCIS encourages H-1B applicants to subscribe to the H-1B Cap Season email updates located on the H-1B FY2017 Cap Season Web page.

U.S. Citizenship and Immigration Services (USCIS) have announced that they reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2017 within the first week of the filing period. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption.

USCIS stated that they must first finish the initial intake before conducting the random selection process. The date of the selection process has not been set due to the high number of petitions received! USCIS will reject and return filing fees for all cap-subject petitions that are not selected.

USCIS will conduct the advanced degree exemption random selection process first. Any advanced degree petitions not selected will then become part of the random selection process for the 65,000 limit.

U.S. Citizenship and Immigration Services (USCIS) announced on Wednesday, March 16th that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2017 cap on Friday, April 1, 2016. Cases will be considered accepted on the date that USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.

The cap (the numerical limitation on H-1B petitions) for FY 2017 is 65,000. In addition, the first 20,000 H-1B petitions filed on behalf of individuals with U.S. master’s degree or higher are exempt from the fiscal year cap of 65,000.

USCIS stated that it is possible that the H-1B cap will be met in the first 5 business days! Also be advised that premium processing for cap-subject H-1B petitions will begin no later than May 16, 2016. See the USCIS’s Premium Processing section for more details.

USCIS will begin accepting H1B petitions that are subject to the FY 2017 cap on April 1, 2016.

Don’t forget, MVP Law Group has been accepting cap-subject H1B cases since the beginning of February 2016. Although FY 2017 cap-subject cases cannot be filed before April 1st, there is work to be done preparing a good case for filing. All of this work must be done in advance, so that the H1B petition package can be filed as early as permitted under the law. By beginning early, it is possible to avoid some of the rush and panic that inevitably sets in right before April 1st and lasts until the cap is reached. With the U.S. economy improved and the history of the H1B cap, this could prove to be a short filing season. Contact MVP Law Group and let’s get started!

Note: The H-1B cap for FY2016 was reached by April 7, 2015!

USCIS will begin accepting H1B petitions that are subject to the FY 2017 cap on April 1, 2016.

Don’t forget, MVP Law Group has been accepting cap-subject H1B cases since the beginning of February 2016. Although FY 2017 cap-subject cases cannot be filed before April 1st, there is work to be done preparing a good case for filing. All of this work must be done in advance, so that the H1B petition package can be filed as early as permitted under the law. By beginning early, it is possible to avoid some of the rush and panic that inevitably sets in right before April 1st and lasts until the cap is reached. With the U.S. economy improved and the history of the H1B cap, this could prove to be a short filing season. Contact MVP Law Group and let’s get started!

Note: The H-1B cap for FY2016 was reached by April 7, 2015!

USCIS announced (by email alert) on Monday, May 04, 2015 that they have completed the data entry of all Fiscal Year (FY) 2016 H-1B cap– subjected petitions that have been selected randomly through a computer generated process. USCIS will begin returning all H-1B petitions that were not selected but because of the large amount received; the return time frame is unknown. They also ask that petitioners not contact them until they have received a receipt notice or had their unselected petition returned.

Note: USCIS will announce when all the unselected petitions have been returned.

Source of Information:

Filing an H-1B petition requesting premium processing will NOT increase the chances of obtaining an H-1B under the quota. If you request premium processing and the case is accepted for processing, the 15 day premium processing window will start no later than April 27, 2015, according to the USCIS news alert issued 4/14/2015. Please note that one seeming benefit of filing a cap subject H-1B petition with a request for premium processing is that a receipt notice may be issued faster than if filed under regular processing. Therefore, the petitioner and beneficiary may confirm sooner that the petition has been chosen in the lottery.

Source of Information:

USCIS.gov (4/14/15) News Alert: