USCIS received nearly 233,000 FY 2016 H-1B Cap petitions well above the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption. What happens next?

On Monday April 13th, USCIS announced that it had received approximately 233,000 FY2016 H-1B Cap petitions during the filing period, which began April 1. The selection process or "lottery" has been conducted. H-1B petitions filed under the advanced degree exemption were chosen first (20,000). All unselected advanced degree petitions then became part of the general lottery selection process for the remaining 65,000 limit.

USCIS will begin premium processing for H-1B cap cases no later than May 11, 2015.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap, such as petitions filed on behalf of current H-1B workers who have already been counted against the cap as well as petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States;
  • Change or amend the terms of employment for current H-1B workers;
  • Allow current H-1B workers to change employers; and
  • Allow current H-1B workers to work concurrently in a second H-1B position.

What are your options if you do not make the H-1B Cap Lottery?

Employers often ask us how to sponsor a worker for employment authorization, that is not a US citizen or lawful permanent resident, once the H1B cap is reached.

When an employer is seeking to sponsor an employment candidate after the H1B cap is reached we often explore the possibility of E2, L-1, O-1, H-3, J-1, H-1B1 and other visa options for employers and their employment candidates.

While circumstances of each case will determine the available visa options, Litwin & Smith has a national reputation for successfully assisting employers in obtaining other employment eligible visa classifications for their employee candidates who did not make into the H-1B Cap.

Please feel free to contact us with any questions you may have. You may wish to schedule a consultation appointment to discuss alternatives appropriate to your situation. Please contact our office at (650) 588-7100. We welcome the opportunity to be at your service.

On Monday April 13th, USCIS announced that it had received approximately 233,000 FY2016 H-1B Cap petitions during the filing period, which began April 1. The selection process or "lottery" has been conducted. H-1B petitions filed under the advanced degree exemption were chosen first (20,000). All unselected advanced degree petitions then became part of the general lottery selection process for the remaining 65,000 limit