USCIS will accept cap-subject H-1B petitions for FY 2016 on April 1, 2015

Many of you have been waiting for the opening of the H-1 B visa filing dates, for the FY 2016. Your wait is finally over! USCIS will start accepting H-1 B visa petition from Wednesday, Apr 1, 2015.

The earliest working date for Cap-subject H-1 B Visa will be October 1, 2015 or later.

In preparation for the opening of the FY 2016 H-1 B Visa filing period, employers are encouraged to identify current & future employees, who need H-1 B visa status to be legally employed in the US. As, it would permit employers to recruit highly specialized foreign workers such as engineers, scientists and computer programmers.

H-1 B visa Cap Limit & Reservation for FY 2016:

  • Federal Law limits H-1 B visas to 65,000 for each fiscal year.
  • 6,800 visas reserved for Chile & Singapore citizens.
  • Additional 20,000 H-1 B visas for beneficiaries ( with US Master degree or higher)

Who are required to file H-1 B petition:

  • Individuals employed as F-1 Students or J-1 trainees.
  • Individuals seeking a change to H-1 B status from another visa status such as L-1, TN, O-1 or E-3.

In case petition extends H-1 B Visa limit, the selection process will be :

  • USCIS will do random selections through computer-generated process or will conduct lottery.
  • Petitions that are not selected, will be rejected & returned with filing fees.
  • Any beneficiary that is not selected will be included in second lottery.

Who are not subjected to annual FY limitations:

  • Foreign workers who file petition to extend or renew H-1 B Visa.
  • Foreign workers who file amended H-1 B Visa petition.
  • Employers of  institutions, non-profit entities, nonprofit research organizations, government research organizations, who file petition on behalf of new workers to be employed in H-1 B status.

For More details on H-1 B visa, you can visit B-specialty-occupation/understanding-H-1 B-requirements