H-1B Cap Reached for Fiscal Year 2015

H-1B Cap Reached for Fiscal Year 2015
April 7, 2014

U.S. Citizenship and Immigration Services announced today that it has received more than enough H-1B petitions to reach the statutory cap for fiscal year (FY) 2015.  USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U. S. advanced degree exemption.

 

A computer-generated process will randomly select the number of petitions needed to meet the caps of 65,000 H-1Bs for the general category and 20,000 under the advanced degree exemption. USCIS will reject and return filing fees for all cap-subject petitions that are not selected.  All cases received through April 7th will be eligible for the random selection process.

 

Before running the random selection process, USCIS will complete initial intake for all filings received during the filing period which ended today. Due to the high number of petitions, USCIS is not yet able to announce the date on which it will conduct the random selection process.

 

The agency will conduct the selection process for the advanced degree exemption first. All advanced degree petitions not selected will become part of the random selection process for the 65,000 limit.

 

USCIS will continue to accept petitions that are exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap are no longer subject to the cap.  H-1B petitions not subject to the cap include:

 

  • H-1B extension petitions to enable workers to remain in the U.S.;
  • H-1B amendment petitions to change the terms of employment;
  • H-1B petitions to allow current H-1B workers to change employers; and
  • H-1B petitions to enable a worker to work concurrently in a second H-1B position.