H-1B Petitions

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USCIS has announced that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2015 cap on April 1, 2014.  Cases will be considered accepted on the date that USCIS receives a properly filed petition with the correct fee.  USCIS will not rely on the date that the petition is postmarked.

The congressionally mandated cap on H-1B visas for FY 2015 is 65,000.  The first 20,000 H-1B petitions filed on behalf of individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap.

USCIS anticipates receiving more than enough petitions to reach both caps by April 7.  The agency is prepared to use a random selection process to meet the numerical limit.  Non-duplicate petitions that are not selected will be rejected and returned with the filing fees.

Due to the high level of premium processing receipts anticipated, combined with the possibility that the H-1B cap will be met in the first 5 business days of the filing season, USCIS has temporarily adjusted its current premium processing practice.  To facilitate the prioritized intake of cap-subject petitions requesting premium processing, USCIS will begin premium processing for H-1B cap cases no later than April 28, 2014. 

H-1B petitioners should follow all requirements to avoid processing delays and possible requests for evidence.  USCIS has detailed information, including an optional checklist, to assist in completing and submitting an FY 2015 H-1B petition.  The processing worksheet is available on the USCIS website at www.uscis.gov.

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.  For more information on the H-1B nonimmigrant visa program and current Form I-129 processing times, visit the H-1B FY 2015 Cap Season Web page.

 

Topics:  Deadlines, H-1B, Immigrants, Visas

Published In: Immigration Updates, Labor & Employment Updates

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.

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