Employers That Need To File H-1B CAP Cases Will Now Need To Wait Until FY 2017

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In April 2015, the U.S. Citizenship and Immigration Services (USCIS) announced that it received enough H-1B petitions to reach the statutory cap of 85,000 total visas for fiscal year 2016, within the first week of the filing period. This triggered a computer-generated “random selection process” or “lottery,” which the USCIS completed by April 13, 2015.  As a result, thousands of H-1B petitions are being rejected by the USCIS, causing employers and students to scramble to find other visa options.  Any employers interested in filing H-1B CAP cases will now need to wait until the filing deadline of April 1, 2016 to request an October 1, 2016 H-1B Start-Date.  The H-1B program is utilized by employers to employ foreign nationals in specialty occupations that require theoretical or technical expertise in specialized fields.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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