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

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

H-1B Lottery: How Will it Work if the Quota is Filled?

April 1, 2014, is the first day USCIS will accept H-1B petitions for quota/cap-subject cases for FY 2015, commencing October 1, 2014. Only 65,000 H-1Bs are available nationwide per year for new jobs for foreign workers...more

It Is That Time of Year Again! Only One Month Left to Prepare Cap-Subject H-1B Visa Petitions for April 1, 2014 Filing Deadline

Dorsey & Whitney immigration professionals would like to remind you that the U.S. Citizenship and Immigration Services (“USCIS”) will begin accepting H-1B petitions that are subject to the FY 2015 numerical limitation (the...more

The Light Went Out On My Star: Don't Lose F-1 Employees While Waiting On H-1B Approval

It is common for companies to hire college students and plan to continue their employment after graduation. Increasingly, many foreign college students are in the United States on F-1, student visas and receive 12 months of...more

USCIS Will Begin Accepting New H-1B Filings on April 1 for Fiscal Year 2015

On April 1, 2014, the U.S. Citizenship and Immigration Services (“USCIS”) will begin accepting new H-1B petitions for employment commencing on October 1, 2014. New H-1B petitions are subject to an annual limit of 65,000 new...more

Prepare To File H-1B Petitions By March 31

Employers and foreign nationals should note that the new H-1B quota numbers for fiscal year 2015 will become available on April 1, 2014. Employers should start preparing new cap-subject H-1B cases immediately to maximize...more

H-1B Visa Filing Period Fast Approaching

The 2015 H-1B visa application period is fast approaching and applicants are reminded to act quickly so that a petition can be submitting in a timely manner. It is highly recommended that applicants submit the H-1B visa...more

Immigration Alert: April 2013

In This Issue: Comprehensive Immigration Reform Debate Begins! USCIS Reports That H-1B Cap Is Reached in First Week; New Form I-9 Becomes Effective on May 7, 2013; CBP Announces Form I-94 Automation; DOS Permits Access to...more

Immigration Reform 2013—Update

In the February/March 2013 issue of the Immigration eAuthority, we outlined the respective proposals for immigration reform put forward by both the President and a bipartisan group of eight senators. We also noted that...more

FY 2014 H-1B Cap Reached Within One Week

For the first time since 2008, the statutory H-1B cap of 65,000 per fiscal year was reached within the first week of the filing period. In addition, the Immigration Service received more than 20,000 H-1B petitions filed on...more

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