USCIS Has Reached the H-1B Cap for Fiscal Year 2015

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USCIS Has Reached the H-1B Cap for Fiscal Year 2015

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Contributed by Kim Tremblay, Associate Attorney

As expected, the United States Customs and Immigration Services (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 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.

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