USCIS Completes Data Entry For Those FY 2015 H-1B Cap Petitions
On May 2, 2014, U.S. Citizenship and Immigration Services (USCIS) announced that data entry for those FY 2015 H-1B cap petitions continues to be completed. The company will start to reject and return all H-1B cap-subject petitions which were not selected within the random selection (“lottery”) process.
The amount of H-1B cap-subject petitions received throughout the first week of April 2014 exceeded the annual quota for the “regular cap” and also the advanced degree exemption. As the amount of petitions received exceeded the annual quota, USCIS conducted a lottery for those FY 2015 cap-subject petitions received through April 7 to find out which cases could be processed underneath the particular “caps.” USCIS conducted the choice process for advanced degree exemption petitions first. All advanced degree petitions not selected were incorporated within the random buying process for that regular 65,000 limit.
USCIS continuously process certain H-1B petitions not susceptible to the FY 2015 cap, including petitions to increase or amend current H-1B status and petitions to alter H-1B employers. Additionally, USCIS continuously accept petitions exempted in the cap. Employers or beneficiaries whose petitions aren’t selected within the H-1B cap lottery should talk to counsel to find out eligibility for other available alternatives. USCIS will start accepting cap-subject H-1B petitions for FY 2016 on April 1, 2015 for employment having a start date of October 1, 2015 or later.
Note: This short article was printed within the May 6, 2014 publication of the Immigration eAuthority.