Immigration Newswire

The 2016 H-1B Cap Season is Here

Posted by James Eiss | Feb 19, 2016 | 0 Comments

The H-1B visa is a nonimmigrant visa issued to workers coming to the United States to perform work within one of the designated specialty occupations.

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Written by: Noelle McLaughlin

The H-1B visa is a nonimmigrant visa issued to workers coming to the United States to perform work within one of the designated “specialty occupations.”

In order to receive H-1B status for the first time you must be counted against the H-1B CAP. (There are exceptions for organizations who qualify for CAP exempt status).

The H-1B category is limited to 65,000 new H-1Bs granted each year with an additional 20,000 set aside for those who have earned a U.S. Master's degree or higher.

The fiscal year starts on October 1, which is the soonest a first time H-1B worker can begin their employment. USCIS begins accepting applications six months ahead of this date on April 1.

How long the CAP stays open each year before the quota is filled varies; but for the past several years it has not only been met within the first week but has exceeded the quota and resulted in a random lottery.

Students working on post-completion OPT who wish to continue employment are frequent recipients of the H-1B visa.

We are currently accepting new cases for the FY2016-2017 H-1B CAP at flat rate of $1500.00 per case in legal fees. This fee is not refunded in the event that the case is not selected in the random lottery, as all work is completed by that point. However, the filing fees, which are in addition to the legal fees, are not charged on cases that are rejected from the lottery.

Please contact our office as soon as possible if you plan to file a cap-subject H-1B petition under this year's quota.

Cases started after the beginning of March will be subject to additional expedite fees.

About the Author

James Eiss

James D. Eiss is a Western New York native who has been working In the field of immigration since 1972 when he began his career with the Immigration and Naturalization Service. He began his service as an Inspector at the Peace Bridge Immigration Inspections Office. He was promoted to an Examiner ...


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