H-1B Cap for Fiscal Year 2015 Reached

During this year’s filing period, April 1-April 7, U.S. Citizenship and Immigration Services (USCIS) received a sufficient number of H-1B petitions to reach the statutory cap for FY 2015, and it also received more than the limit of 20,000 H-1B petitions filed under the U. S. advanced degree exemption.

As it previously did, USCIS will adopt the random selection process to select petitions needed under FY 2015 H-1B cap.  This computer-generated process will randomly select the number of petitions to meet the caps of 65,000 visas for the general category and 20,000 under the advanced degree exemption.  The selection process for the advanced degree exemption will be done first. Those advanced degree petitions that are not selected will be placed back in the general category pool and become part of the random selection process for the 65,000 limit.  USCIS will reject and return filing fees for all cap-subject petitions that are not selected, unless found to be a duplicate filing.

However, due to the high number of petitions, USCIS has not been able to decide the date on which it will conduct the random selection process for FY 2015.  Although all of the H-1Bs filed by our law office have been delivered on time, there is no guarantee who can get the lottery because of the huge amount of the applications.  Let’s keep our fingers crossed.

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 not be counted towards the FY 2015 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.

Mr. Doug Stump, President of the American Immigration Lawyers Association said the following in announcing the cap non-availability: “Having the talent we need to do the skilled and specialized work that so many companies require in the globally competitive marketplace is vital to our economy and national interests. We need our legislators to take this issue seriously when they move forward on immigration reform because our legal immigration system is in desperate need of an overhaul in order to bring it into the 21st century.”

 

Thanks for your attention.

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