//H-1B Cap for FY2018

H-1B Cap for FY2018

The H-1B cap for FY2018 (10/1/2017-9/30/2018) will occur during the first week of April. Please contact Lisa if you would like to discuss the H-1B Lottery, most often filed for employees who are currently in the US on TN, H1B1, E3, or student OPT status.

Please remember that the lottery and H-1B cap only affects “new” H-1Bs – applications may still be filed for individuals already working in the United States in H-1B status (porting to a new employer) and extensions may be filed for employees who already hold H-1B status.

For context about the Lottery, the USCIS press release from April 12, 2016 follows:

“USCIS Completes the H-1B Cap Random Selection Process for FY 2017

U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2016, that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption, also known as the master’s cap.

USCIS received over 236,000 H-1B petitions during the filing period, which began April 1, including petitions filed for the advanced degree exemption. On April 9, USCIS used a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption. USCIS will reject and return all unselected petitions with their filing fees, unless the petition is found to be a duplicate filing.

The agency conducted the selection process for the advanced degree exemption first. All unselected advanced degree petitions then became part of the random selection process for the 65,000 limit.

As announced on March 16, 2016, USCIS will begin premium processing for H-1B cap cases no later than May 16, 2016.

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 will also not be counted towards the congressionally mandated FY 2017 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. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering, and computer programming.”

By | 2018-06-09T22:42:04+00:00 March 31st, 2017|Immigration News|Comments Off on H-1B Cap for FY2018

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