H-1B Visa Caps

The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly... more +
The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent." Examples of specialty occupations include chemistry, mathematics, engineering, medicine, and architecture, to name a few. Individuals may not apply for H-1B visas; they are distributed only through the approval of employer petitions. In order to protect U.S. workers from unfair competition resulting from the program, the rules require that employers pay nonimmigrant workers equivalent wages to similarly-situated U.S. workers or the industry's prevailing wage. H-1B visas are subject to a yearly cap which is currently set at 85,000.   less -
News & Analysis as of

Cap-Subject H-1Bs Will Be Effective October 1

On October 1, 2014, FY 2015 H-1B cap-subject visa petitions will be valid. Individuals in possession of valid H-1B petitions must take appropriate action to demonstrate work authorization for the petitioning employer. For...more

High Demand for H-1B Visa Petitions Continues

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...more

Work and Travel Guidance for F-1 Students with Pending H-1B “Change of Status” Applications and “Cap-Gap” Employment Authorization

This advisory summarizes key travel and employment issues if you are an F-1 student with Optional Practical Training (OPT) employment eligibility and an H-1B filing on your behalf has been accepted by US Citizenship and...more

Should the H-1B Annual Cap Be Increased?

The H-1B visa is a common immigration tool for hiring highly-skilled foreign nationals. Under the H-1 visa program, foreign workers who are employed by U.S. companies in specialty occupations that require theoretical or...more

How Businesses Can Plan for Foreign Hires in Light of H-1B Cap

Given that the H-1B visa cap was, once again, met quickly, many U.S. employers are scrambling to figure out how to hire and retain the foreign national employees that they need. As we recently reported, the U.S. Citizenship...more

Data Entry Completed for Fiscal Year 2015 H-1B Cap Cases

U.S. Citizenship and Immigration Services (USCIS) announced today that data entry of all FY15 H-1B cap petitions has been completed. USCIS will now begin returning all H-1B cap petitions that were not selected in the lottery....more

U.S. Citizenship and Immigration Services Receives Record Number of H-1B Worker Petitions; Triggers Lottery System

On April 7, 2014, the U.S. Citizenship and Immigration Services (USCIS) announced that the numerical limit for the H-1B Cap has been met. The USCIS confirmed that it received 172,500 H-1B petitions in one week, exceeding the...more

H-1B Lottery Should Serve as a Reminder of the Need to Increase the Annual Cap

As we previously predicted, the United States Citizenship and Immigration Services (“USCIS”) received more new H-1B petitions during the first week of April 2014 than there are visa numbers available for Fiscal Year (FY)...more

FY 2015 H-1B Visa Cap Reached

As anticipated, the 2015 H-1B visa quota was met quickly. On April 7, U.S. Citizenship and Immigration Services (USCIS) announced that it had received a sufficient number of H-1B petitions to reach the statutory cap of 65,000...more

Immigration Corner: 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...more

H-1B Cap for 2015 Fiscal Year Reached - Update

USCIS received approximately 172,500 H-1B cap-subject petitions during the filing period that began April 1 and conducted its computer-generated random selection process on April 10. ...more

Immigration Client Alert: USCIS Announces H-1B Cap Numbers

U.S. Citizenship and Immigration Services (USCIS) has announced that 172,500 H-1B petitions were received during the filing period which began April 1, 2014. This number includes petitions filed under the advanced degree...more

USCIS Reaches H-1B Cap for FY 2015 and Conducts Lottery

On Monday, April 7th, United States Citizenship and Immigration Services (USCIS) announced it had received enough H-1B petitions to reach the cap of 65,000 for Fiscal Year (FY) 2015, as well as the 20,000 limit for those...more

USCIS Receives Around 172,500 H-1B Petitions, Completes Selection Lottery

On April 7, 2014, U.S. Citizenship and Immigration Services (USCIS) stated that it had received sufficient H-1B cap-subject petitions to reach the annual 65,000 “regular cap” limit for fiscal year (FY) 2015. USCIS also...more

Déjà vu All Over Again: Planning For New Hires In Light of The H-1B Visa Lottery

For the second year in a row, the United States Citizenship & Immigration Service (USCIS) has received more petitions in the opening week of H-1B visa season than the number of visas that are available for the entire year. ...more

USCIS Reaches FY 2015 H-1B Cap

On April 7th USCIS announced that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2015. USCIS has also received more than the limit of 20,000 H-1B petitions filed under...more

USCIS Reaches FY 2015 H-1B Cap

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced on April 7, that it has received a sufficient number of H- 1B petitions to reach the statutory cap for fiscal year (FY) 2015. USCIS has also received more...more

Annual H-1B Visa Quota Exhausted

Lottery to be conducted; visas will not be available to new applicants until October 1, 2015 - The United States Citizenship & Immigration Service (the USCIS) has announced that in the first week of the application...more

Special Immigration Alert: USCIS Reaches H-1B Cap for FY 2015

U.S. Citizenship and Immigration Services ("USCIS") announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year ("FY") 2015. USCIS also announced that it had received...more

H-1B Petition Filings for Fiscal Year 2015 Exceed Number of H-1B Visas Available

As expected, on Monday, April 7, 2014, the U.S. Citizenship and Immigration Services (“USCIS”) announced that a sufficient number of H-1B petitions had been received from April 1, 2014, through April 7, 2014, to meet the...more

USCIS hits H-1B Cap for FY2015

U.S. Citizenship and Immigration Services (USCIS) has announced that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2015. USCIS has also received more than the limit of...more

H-1B Cap for 2015 Fiscal Year Reached

USCIS has stopped accepting H-1B petitions subject to the 2015 fiscal year H-1B cap or the advanced degree exemption. On April 7, the U.S. Citizenship and Immigration Services (USCIS) announced that it has received a...more

FY 2015 H-1B Cap Reached, Selection Lottery To Be Conducted

On April 7, 2014, U.S. Citizenship and Immigration Services (USCIS) announced that it had received sufficient H-1B cap-subject petitions to reach the annual 65,000 “regular cap” limit for fiscal year (FY) 2015. USCIS also...more

H-1B Cap Reached for FY 2015

United States Citizenship and Immigration Services (USCIS) has announced that it has received enough H-1B petitions to reach the cap for Fiscal Year (FY) 2015. Based on the volume received as of today, USCIS has determined...more

H-1B Cap Hit for Fiscal Year 2015

On April 7, 2014, U.S. Citizenship and Immigration Services (USCIS) announced that it had received more than enough H-1B petitions to meet the numerical limit for fiscal year 2015 cap-subject H-1B visas, which includes both...more

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