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Special Alert: FY 2017 H-1B Cap Reached

April 7, 2016

FY 2017 H-1B Cap Reached

The filing period for H-1B Cap petitions officially ended today.  The U.S. Citizenship and Immigration Services (USCIS) has announced that the fiscal year (FY) 2017 H-1B Cap has been reached and they will now begin the intake process for all filings received between April 1, 2016 and April 7, 2016.  USCIS has received more than the congressionally mandated 65,000 visas for the general category and the 20,000 for the advanced degree exemption.

USCIS will begin to randomly select petitions, through a computer-generated process, for the advanced degree exemption.  Once the 20,000 advanced degree limit is met, USCIS will utilize the lottery process to randomly select 65,000 cases from the remaining petitions, including unselected advanced degree petitions.  USCIS will notify those whose petitions were not selected and fees will be returned only if the petitions were not duplicate filings.

USCIS is still accepting and processing cap exempt petitions, including:

  • H-1B Extensions;
  • H-1B Amendment Petitions, changing the terms of employment for current H-1B visa holders;
  • Petitions to change employers; and
  • Petitions to work concurrently in a second H-1B position.

EIG will continue to monitor the selection process and provide you with updates.