H-1B Cap for Fiscal Year (FY) 2016 Has Been Reached

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April 13, 2015
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April 16, 2015

According to an official announcement by the US Citizenship and Immigration Services (USCIS) as of April 7, 2015, the statutory cap of 65,000 H-1B visas for fiscal year (FY) 2016 has been reached. Also, the USCIS has received a number of petitions exceeding the limit of 20,000 H-1B petitions filed under the advanced degree exemption (master’s cap).

The number of petitions that the USCIS received during the H-1B filing period, including advanced degree petitions, was approximately 233,000. On April 13, the USCIS randomly selected 65,000 applications through a computer-generated system. Consequently, USCIS will reject all unselected petitions and return their filing fees (unless the petition has been found to be a duplicate).

All visa applicants who have submitted an H-1B petition should be aware that chances that they have selected in the computer-generated process are comparatively low. You are advised to consult an experienced immigration attorney for advice about alternative solutions. Failure to do so in a timely manner may result in a loss of your legal status.

Those whose applications have been selected should be aware that regular processing of the H-1B application takes around 3-4 months, while premium processing will take approximately 15 days. Also, premium processing of the applications will begin on 11 May, 2015.

Also, contact a qualified immigration attorney if you need to:

  • Extend the amount of time a H-1B worker may remain in the United States
  • Change terms and conditions for employment of a current H-1B worker
  • Change of employers and an H-1B visa transfer
  • To work concurrently in another H-1B job

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