Visa Caps

News & Analysis as of

Department of State Releases January 2015 Visa Bulletin

Cutoff dates in the EB-2 India category remain severely backlogged, cutoff dates in EB-3 for the Rest of the World advance by seven months, cutoff dates for China advance by nine months, and EB-3 China is still ahead of EB-2...more

Immigration Developments for Highly Skilled Workers: Changes the Business Community Can Expect as a Result of President Obama’s...

On Thursday, November 20th, coinciding with President Obama’s announcement regarding his forthcoming executive action on immigration, Department of Homeland Security (DHS) Secretary Jeh Johnson issued a memo to the directors...more

What President Obama's Immigration Directives Mean For Businesses

Earlier this evening, President Obama announced executive action that would significantly impact employment and investment-based immigration. To implement these directives, the White House released its plan on immigration...more

H-1B Cap Case Filing Receipt Deadline Set For April 1, 2015: Retailers Should Start Planning Now for FY 2016

Retailers that utilize the H-1B visa for employees in their information technology, design, marketing, buying, and planning departments should start considering their FY 2016 immigration needs now that the H-1B cap filing...more

USCIS Will Begin Accepting Cap-Subject H-1B Petitions for FY 2016 on April 1, 2015

The filing period for “new” H-1B petitions to be counted against the annual H-1B quota (the “H-1B cap”) for FY 2016 will begin on Wednesday, April 1, 2015. Cap-subject H-1B petitions will have an employment start date of...more

It’s Time to Register for the 2016 Diversity Lottery!

On October 1, 2014, the U.S. Department of State will begin accepting requests to register for the 2016 Diversity Immigrant Visa Program (DV-2016), also known as the Green Card Lottery. The Diversity Lottery Program provides...more

Immigration Client Alert: Diversity Visa ("Green Card Lottery") Registration

On Wednesday, October 1, 2014, online registration for the Diversity Visa (DV) 2016 Program will begin. Section 203(c) of the Immigration and Nationality Act (INA) provides for a class of immigrants known as “diversity...more

Effectively, China Employment Fifth (EB-5) preference category has become "Unavailable" for the remainder of FY 2014

On August 23, 2014, at the 2014 AILA EB-5 Investors & Regional Centers Conference in Chicago, Charles Oppenheim (Chief of Immigrant Visa Control & Reporting) announced that due to an uptick in demand the China EB-5 visa...more

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

What Happened to Immigration Reform?

After years of debate over comprehensive immigration reform, it appears that – at least according to some reports – immigration reform is “officially dead.” At least any kind of House-approved immigration reform, that...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

USCIS Completes Data Entry For All FY 2015 H-1B Cap Petitions

On May 2, 2014, U.S. Citizenship and Immigration Services (USCIS) announced that data entry for all FY 2015 H-1B cap petitions has been completed. The agency will now begin to reject and return all H-1B cap-subject petitions...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

Canada: Changes to Federal Permanent Residence Programs Announced

New instructions revise caps and eligible occupations for federal immigrant worker programs. Citizenship and Immigration Canada (CIC) has released new instructions regarding the processing of applications under the...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

H-1B Status

USCIS received about 172,500 H-1B petitions during the filing period which began April 1, including petitions filed for the advanced degree exemption. ...more

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