U.S. Citizenship and Immigration Services (USCIS) will accept new H-1B petitions subject to the Fiscal Year 2019 cap on April 2, 2018. Any H-1B petitions subject to the Fiscal Year 2019 cap that are filed before April 2, 2018 will be rejected.
H-1B visas are issued to foreign nationals who perform services in a specialty occupation and meet certain degree and/or experience requirements. Every new fiscal year, USCIS allocates up to 85,000 new H-1B visas (what is also known as the “cap”) through a lottery system, with 20,000 of these new visas reserved for eligible applicants with U.S. Master’s degrees. Petitions that do not follow all the requirements for filing and preparing petitions will be rejected.
The annual fiscal year cap for H-1B visas is typically reached within the first week of filing, and therefore, all H-1B cap-subject petitions must be delivered to USCIS between April 2, 2018 through April 6, 2018 to be entered into the lottery. Employers should immediately begin identifying individuals for whom H-1B sponsorship will be needed so they can allow sufficient time for H-1B petition preparation. Please advise us no later than January 31, 2018 if you are interested in filing under the H-1B cap to avoid any additional expedite/rush fees.
CPG Immigration Law Group works closely with our clients to ensure all H-1B cap petitions are filed correctly and in a timely manner. If you have any questions, please contact us at (415) 371-1800.