High Demand for H-1B Visa Petitions Continues


[author: Jenny Baranko]

Once again, demand for H-1B visa petitions greatly exceeded the supply, as predictably, the H-1B visa quota cap for fiscal year 2015 was reached quickly.  Within the first five days of the filing, USCIS reached the H-1B cap for the fiscal year, receiving approximately 172,500 H-1B visa petitions.  This marks a nearly 50,000 increase of H-1B petitions from the previous year.

Under the current H-1B program, USCIS approves no more than 65,000 H-1B visa petitions each fiscal year, plus an additional 20,000 petitions for professionals who have earned a graduate degree from a U.S. university or college.  A computer generated process randomly selects which visa petitions USCIS will process while unselected petitions are returned with filing fees.

This is the second consecutive year that the H-1B visa cap has been reached within five days. While the cap remains in place at 65,000, demand for H-1B visas continues to increase.  This means that statistically a dismal 37% of applicants received visas under the regular quota.  The problems with the low H-1B visa quota and USCIS’ reluctance to approve L-1B (intra-company transfer with specialized knowledge) visas, further causes problems for foreign professional workers seeking to work in the United States at a time when there appears to be no solutions coming from the Hill.



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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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