WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally-mandated 65,000 visa H-1B cap for fiscal year 2018. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, also known as the “Master’s cap.”
USCIS began accepting applications on Monday, April 3. It will reject and return filing fees for all unselected cap-subject petitions that are not duplicate filings.
USCIS will continue to accept and process petitions that are otherwise exempt from the cap. However, USCIS suspended premium processing on April 3 for up to six months for all H-1B petitions, including cap-exempt petitions. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted toward the congressionally-mandated FY 2018 H-1B cap. USCIS will continue to accept and process petitions filed to:
- Extend the amount of time a current H-1B worker may remain in the United States;
- Change the terms of employment for current H-1B workers;
- Allow current H-1B workers to change employers; and
- Allow current H-1B workers to work concurrently in a second H-1B position.
What is the H-1B Visa?
The H-1B visa is one of the most popular ways for foreign professionals i specialty occupations to obtain a work visa, and even a Green Card in the United States. A successful H-1B application requires sponsorship by the professional’s employer, and can be granted for three years, with one additional three-year renewal. The H-1B allows U.S. employers to temporarily employ foreign workers in specialty occupations, and requires a Bachelor’s Degree or its equivalent.
If you are thinking of applying for the H-1B visa, start gathering your paperwork by December of the year before you file an application, as it can take several months (and a few third parties) to compile the necessary documentation for an H-1B visa application. To find out if you qualify for an H-1B visa, for tips on how to prepare a successful application, or to obtain assistance with filing your application, check out our blog post here, or schedule a complimentary 15-minute consultation with The Grady Firm’s attorneys; call +1 (323) 450-9010; or fill out a Contact Request Form.
About The Grady Firm
The Grady Firm, P.C. attorneys help individuals, families, employees, business owners, and investors obtain non-immigrant and immigrant visas, as well and Green Cards and citizenship based on family relationships, investment, or employment. In addition, The Grady Firm attorneys help foreign entrepreneurs establish a U.S. presence, form a corporate entity, and obtain the appropriate visas for their owners and employees.
Click here to schedule a complimentary 15-minute consultation with The Grady Firm’s attorneys; call +1 (323) 450-9010; or fill out a Contact Request Form.
*This article is for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. This article does not make any guarantees as to the outcome of a particular matter, as each matter has its own set of circumstances and must be evaluated individually by a licensed attorney.