Immigration & Nationality Law Group
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H-1B Cap Reached for FY 2016

USCIS has announced that the H-1B cap has been reached for FY 2016 for both the regular cap and the advanced degree exemption (also known as the "Masters Cap") on April 7, 2015.

USCIS will use a computer-generated process (also known as the "lottery") to randomly select the petitions needed to meet the caps of 65,000 visas for the regular cap and 20,000 for the Masters cap.

USCIS will first randomly select petitions for the advanced degree exemption. All unselected advanced degree petitions will become part of the random selection process for the 65,000 general limit. The agency will reject and return all unselected cap-subject petitions that are not duplicate filings.

Before running the lottery, USCIS will complete initial intake for all filings received during the filing period, which ended April 7. USCIS has stated that, due to the high number of petitions, it is not yet able to announce the date it will conduct the lottery.

USCIS has previously stated that it will begin premium processing for H-1B cap-subject petitions requesting premium processing no later than May 11, 2015.

We will update you as additional information becomes available.

If you have any questions or would like additional information, please contact our office.

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