FY17 H-1B Cap Filings Begin April 1, 2016

Fisher Phillips
Contact

U.S. employers who sponsor foreign workers for temporary H-1B work visas should be aware that April 1, 2016, is the earliest date that new H-1B petitions may be filed to count against the upcoming FY17 quota (or “cap”). Employers should be identifying those first-time H-1B workers for which petitions will be filed this April. International students holding F-1 visas are the most common beneficiaries of first-time H-1B petitions. Demand for H-1Bs is expected to be higher than last year.

As background, the H-1B is the most popular temporary work visa category for professional foreign workers. To sponsor a foreign worker, a U.S. employer must first obtain an approved H-1B petition from the U.S. Citizenship and Immigration Services (USCIS). The supply of available new H-1Bs to employers looking to fill their staffing needs is not based on market demand; rather, the law places a predefined numerical limit on new H-1B work visas issued each government fiscal year (which runs from October 1 to September 30). Demand for new H-1Bs has dramatically exceeded the quota in the past number of years.

Specifically, USCIS cannot approve more than 85,000 new H-1B petitions each fiscal year. This total includes 65,000 general H-1Bs and an additional 20,000 H-1Bs for holders of a master’s or higher degree issued by a U.S. college or university. The yearly cap applies only to first-time H-1B workers who have not held H-1B status in the past. The cap does not apply to existing H-1B workers who are extending their current H-1B status or who are changing H-1B employers.

Because employers are permitted to file H-1B petitions up to six months in advance of the worker’s start date, April 1st becomes the earliest date on which new H-1Bs can be filed against the upcoming government fiscal year quota commencing on October 1st. USCIS is required to accept H-1B cap filings for the first five business days in April. If the number of H-1Bs receiving during this acceptance period is larger than the quota, the USCIS is mandated to perform a random selection process to determine which H-1B petitions will be accepted under the quota. Since April 1, 2016 falls on a Friday this year, USCIS is required to accept H-1B cap filings until the following Thursday, April 7, 2016. If selected and approved, the approval will be effective for H-1B employment on or after October 1st.

Employers must plan carefully to ensure that they have the highest chance of success to secure one of the new FY17 H-1Bs. Last year, the USCIS received over 233,000 H-1B petitions during the first five business days in April. Demand for H-1Bs this April is expected to be the same or higher. We strongly recommend employers identify those individuals who may need H-1B sponsorship and to start preparing the H-1B petitions as early as possible.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Fisher Phillips | Attorney Advertising

Written by:

Fisher Phillips
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Fisher Phillips on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide