Immigration Corner: H-1B CAP Reached!


Time to Win the Lottery: H-1B CAP Reached!

The H-1B CAP season has come to a close and both employers and employees now anxiously await confirmation that their filings have been accepted for processing. The statutory cap of 65,000, as well as the 20,000 cap under the advanced degree exemption, both were far exceeded for fiscal year 2015 as approximately 172,500 petitions were received within the first week. On April 10, 2014, U.S. Citizenship and Immigration Services (USCIS) completed a computer-generated random selection process to select sufficient petitions to meet the 65,000 and 20,000 limits and began rejecting via U.S. mail the remaining 85,000-plus petitions along with their filing fees.

Practitioners and employers are now forced to watch their mail deliveries with the hope opposite that which high school students face during college application season: that they receive the “small envelope” with a USCIS receipt notice showing the H-1B petition was accepted rather than the “big envelope” with the entire rejected petition and filing fees.

What do you do if your H-1B Petition is rejected this year? Other options may be available to potential employees to help weather the time until next CAP season starts October 1, 2015. Before giving up for a year, it is definitely worth exploring some other possibilities:

Other options may be available for individuals with extraordinary ability under an O classification, or under an E classification for investors or foreign companies from countries covered by a treaty of commerce and navigation with the U.S. that engage in a substantial amount of business in the U.S.

The "Ways to Work" page of our website provides further details about requirements for these and other classifications that may offer a solution.

Ultimately, that big envelope in your mailbox from USCIS doesn’t necessarily mean the end of the journey, but alternative solutions may require some creative thinking.

Written by:

Published In:


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.

© Baker Donelson | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.