Release Date: April 7, 2017
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.
Posted in Immigration
- Tagged H-1B, H-1B cap, H-1B cap filled, H-1B FY 2018, H-1B lawyer, H-1B visa, immigration attorney Beverly Hills, immigration attorney Los Angeles, immigration lawyer California, immigration lawyer los angeles, immigration lawyer USA, Master's cap, USCIS reaches H-1B cap
by Jennifer A. Grady, Esq.
One of the most notorious ways for foreign professionals to obtain a visa and even a Green Card in the US is through an H-1B visa, which 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.
However, with great benefits comes great competition. The H-1B visa has an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions filed on behalf of beneficiaries with a U.S. master’s degree or higher are exempt from the cap. Due to the United States’ stability in an increasingly unstable world, in 2015, 233,000 foreigners applied for the H-1B, a significant increase over 2014 (172,500 applications), and nearly double the applicants from two years ago (124,000). Because the average applicant with a bachelor’s degree has only a 27% chance of making the quota, it is essential to not only meet the requirements and have an outstanding application, but to first make it into the H-1B lottery. Continue reading
Posted in Immigration, Uncategorized
- Tagged California immigration lawyer, Green Card, H-1B, H-1B cap, H-1B visa, immigration attorney, Immigration law, Immigration Lawyer, Los Angeles, San Francisco, USCIS, Visa
by Jennifer Grady, Esq.
On April 7, 2105, USCIS announced that it reached the congressionally mandated H-1B cap for fiscal year (FY) 2016. USCIS received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption, and more than the 65,000 “regular cap” limit for applicants without a Master’s Degree. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as engineering, science, and computer programming.
In the meantime, USCIS will continue to accept and process petitions that are otherwise exempt from the cap. 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 2016 H-1B cap.