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UNITED STATES – FY 2015 H-1B Cap Reached Already

On 7 April 2014, United States Citizenship and Immigration Services (USCIS) announced that it had received sufficient quota-subject H-1B filings for government fiscal year 2015 to meet both the general H-1B quota (65,000) for individuals holding a bachelor’s degree or the equivalent and the additional (20,000) for individuals holding a U.S. master’s or other advanced degree.

H-1B Lottery for 2015

Since the USCIS has already received more than 65,000 petitions and more than 20,000 “advanced degree” exemption petitions, it will run a “lottery” to determine which should proceed for full review and adjudication, with a start date of employment of October 2014.

The “lottery” is a computer-generated random selection process of all H-1B petitions received during the April 2-7, 2014 filing period. The petitions selected by lottery will continue for full adjudication, which should begin by the end of April 2014.

It is expected that the first lottery will be run on "advanced degree" exemption petitions. All "advanced degree" petitions not selected as part of the initial quota will then be placed into the lottery for the 65,000 general category. All petitions not selected in the lottery will be returned to the attorney or petitioner.

New Applications for H-1B

Applications which are not selected in the lottery or which have not yet been made will now have to wait until April 2015, with a start date for employment on 1 October 2015. However, note that there are some limited exceptions, such as students eligible to extend their stay in the U.S. and continued work authorisation under Optional Practical Training (OPT) and a “cap gap” exception.

Action Items

  • Note that the H-1B caps for FY2015 have already been reached, although bear in mind that many H-1B petitions are exempt from the cap; contact us, or Maggio & Kattar directly, for more information.

This news alert was prepared using information provided by Maggio and Kattar

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2017 Peregrine Immigration Management Ltd.