Contributed by Kim Tremblay, Associate Attorney
As expected, USCIS announced today that it had
reached the 65,000 visa cap on H-1B petitions for the upcoming fiscal
year. The 20,000 visa cap for the
advanced degree exemption for applicants with a United States Master’s degree
or higher was also reached.
USCIS will finish the intake of the petitions it has
received thus far and will then conduct a lottery to determine which petitions
the agency will accept and review. The
petitions that are accepted will still need to satisfy the legal requirements
for H-1B petitions. USCIS will first
conduct the lottery for the advanced degree exemption petitions and then
include the petitions that were not selected in the general lottery for the
65,000 regular H-1B petitions. USCIS has
not yet announced when the lottery will be conducted.
USCIS will return petitions that the agency does not
select in the lottery, along with their filing fees. No date has been set for the lottery.
Petitions that are cap-exempt can still be filed.
For more information, see: http://www.uscis.gov/news/news-releases/uscis-reaches-fy-2016-h-1b-cap.
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