H-1B Cap

March 24, 2015

Reminder – FY2016 H1B CAP – Another Very Short Season Expected

The Fiscal Year 2016 H-1B season is quickly approaching and has been projected to be another short season. The H1B CAP for FY2015 was reached on April 7, 2014.

Each Fiscal Year (FY), which starts on October 1, 65,000 H-1B visas become available for what is referred to as the “General Cap,” and 20,000 H-1B visas become available for what is referred to as the “Master’s Cap.” Those individuals holding a U.S. Master’s degree or higher may fall within the Master’s Cap; all others fall within the General Cap. The FY H-1B filing season opens six months before each FY, i.e., during the first week in April.

The FY 2016 H-1B Cap season will open on April 1, 2015 with employment beginning October 1, 2015.

March 13, 2015

On April 1, 2015, USCIS will start accepting H-1B Petitions for FY2016

by Kellie N. Lego

U.S. Citizenship and Immigration Services (USCIS) announced on Thursday, March 12th that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2016 cap on Wednesday, April 1, 2015. 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 2016 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 11, 2015. See the USCIS’s Premium Processing section for more details.

February 11, 2015

Reminder – FY2016 H1B CAP – Another Very Short Season Expected

by Kellie N. Lego

The Fiscal Year 2016 H-1B season is quickly approaching and has been projected to be another short season. The H1B CAP for FY2015 was reached on April 7, 2014.

Each Fiscal Year (FY), which starts on October 1, 65,000 H-1B visas become available for what is referred to as the “General Cap,” and 20,000 H-1B visas become available for what is referred to as the “Master’s Cap.” Those individuals holding a U.S. Master’s degree or higher may fall within the Master’s Cap; all others fall within the General Cap. The FY H-1B filing season opens six months before each FY, i.e., during the first week in April.

The FY 2016 H-1B Cap season will open on April 1, 2015 with employment beginning October 1, 2015.

December 12, 2014

FY2016 H1B CAP – Another Very Short Season Expected

by Kellie N. Lego

The Fiscal Year 2016 H-1B season is quickly approaching and has been projected to be another short season. The H1B CAP for FY2015 was reached on April 7, 2014.

Each Fiscal Year (FY), which starts on October 1, 65,000 H-1B visas become available for what is referred to as the “General Cap,” and 20,000 H-1B visas become available for what is referred to as the “Master’s Cap.” Those individuals holding a U.S. Master’s degree or higher may fall within the Master’s Cap; all others fall within the General Cap. The FY H-1B filing season opens six months before each FY, i.e., during the first week in April.

The FY 2016 H-1B Cap season will open on April 1, 2015 with employment beginning October 1, 2015.

November 21, 2014

The President’s Immigration Accountability Executive Actions

by Kellie N. Lego

On Thursday, November 20, 2014, President Barack Obama announced his Temporary Plans to fix our broken immigration system.

The President’s Immigration Accountability Executive Actions will help secure the border, hold nearly 5 million undocumented immigrants accountable and ensure that everyone plays by the same rules.

As an Immigration Attorney, I see the results of our broken system every day and in the absence of Congressional action, the President had to act. While a lot of the details are still waiting to be filled in, we know that many of these changes will make a real impact. We are aware that these initiatives are not going to help everyone, as not everyone will be eligible. Therefore, we need to continue to pressure Congress into finishing the job by passing a bipartisan Comprehensive Immigration Reform Bill.

April 22, 2014

USCIS H-1B Premium Processing to Begin April 28

by Kellie N. Lego

Information Source: USCIS.GOV

On April 28, 2014, U.S. Citizenship and Immigration Services (USCIS) will begin premium processing for H-1B petitions subject to the fiscal year 2015 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 April 28 in a news release on March 25. USCIS provides premium processing service for certain employment-based petitions and guarantees a 15-calendar-day processing time.

April 11, 2014

USCIS Conducted Lottery for FY2015 H1B CAP – April 10, 2014

by Kellie N. Lego

INFORMATION SOURCE – USCIS

USCIS Reaches FY 2015 H-1B Cap

Release Date: April 10, 2014

April 8, 2014

H-1B Cap (FY 2015) has been reached!

by Kellie N. Lego

U.S. Citizenship and Immigration Services (USCIS) have announced that they reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2015 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.

April 4, 2014

On April 1, 2014, USCIS started accepting H-1B Petitions for FY2015

by Kellie N. Lego

U.S. Citizenship and Immigration Services (USCIS) announced on Friday, March 25th that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2015 cap on Tuesday, April 1, 2014. 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 2014 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 by April 28, 2014. See the USCIS’s Premium Processing section for more details.

April 3, 2014

Will premium processing increase the chances of making the FY2015 H-1B quota?

by Kellie N. Lego

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 28, 2014, according to the USCIS news alert issued 3/25/2014. 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 (3/25/14) News Release: