Fiscal Year 2016 H-1B Cap Update

Posted April 22, 2015

USCIS received a whopping 233,000 cap-subject H-1B petitions for the filing period beginning April 1, 2015 before quickly shutting off petition submissions.  As in recent years, USCIS conducted a random draw (a self-styled ‘lottery’ of which, regrettably, we have no video) to select petitions for adjudication while rejecting all others.  Receipt notices have begun issuing for selected petitions, a process that is expected to take three to four weeks due to the volume of submissions.  The 15-day adjudication period for Premium Processing petitions will begin April 27, 2015.  USCIS will continue to accept cap-exempt H-1B petitions throughout the year, including portability petitions for foreign H-1B workers who change employers.

For an informed analysis of this year’s unprecedented H-1B lottery, read this article from the Society of Human Resource Management.

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H-1B Cap Reached for FY 2012

Posted December 6, 2011

USCIS has announced that November 22, 2011 was the final date that petitions for H-1B specialty occupation visas would be accepted for employment to start during fiscal year 2012 (Oct. 1, 2011 through Sept. 30, 2012).  The annual statutory cap of 65,000 has been met for ‘new employment’ H-1B visas.  Further, as of October 19, 2011, USCIS had received more than 20,000 H-1B petitions filed on behalf of advance degree graduates of U.S. universities, representing the annual statutory maximum for that cap-exempt group.  Accordingly, until April 1, 2012 – at which time fiscal year 2013 H-1B petitions may be submitted – USCIS will only accept and process H-1B petitions filed under remaining cap-exempt categories, including petitions filed to:

  • Extend H-1B status for workers continuing U.S. employment with the same employer;
  • Change the terms of employment for H-1B workers continuing U.S. employment with the same employer;
  • Change U.S. employers for workers previously accorded H-1B status with a former employer; and
  • Obtain H-1B status for concurrent U.S. employment with a different U.S. employer.
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