Law Offices of Sweta Khandelwal
Let Us Help Solve Your Issue: 408-604-0774
Email Us

It's Not too Early to Begin Preparing for the H-1B CAP

The H-1B CAP will Open on April 1st

It's that time again for employers to begin preparing for the H-1B CAP. The H-1BCAP refers to the quota system that the USCIS uses to review 85,000 H-1B applications each year. The CAP only applies to those who are petitioning for an H-1B visa for the first time, not those seeking renewals or extensions. Every year theU.S. only allows 85,000 new H-1B applications available for review by the USCIS.65,000 of the visas are open to anyone seeking their first H-1B visa and 20,000 are reserved for those applying for an H-1B who have received a U.S. Master's degree.Those who are successful and receive an H-1B visa are authorized to begin working in the U.S. under H-1B status on October 1, 2016. The CAP will open again this year on April 1st. It is predicted that there will be high number of applicants this year. A lottery will likely be implemented this year due to the predicted large number of applications. If last year serves as indication, when there were over 233,000 applications received in the first week after the CAP opened, this year could be just as competitive.

Closing the CAP

After the USCIS receives an adequate amount of applications, the CAP will close and the USCIS will not accept any more applications. This means that any employer who misses the CAP will not be eligible to apply this year and will have to wait until April2017. Because it is predicted that there will be a high number of applications received soon after the CAP opens it is essential that employers begin preparing now to ensure their applications make it in before the CAP closes.

The Lottery

When the USCIS receives a substantial amount of H-1B applications, the USCIS can choose to institute a lottery in order to decide which applications will be considered for review on a neutral basis. The lottery ensures every applicant has an equal opportunity to be chosen as one of the 85,000 applicants that the USCIS will review and possibly grant an H-1B visa. To be considered for the lottery, the application must be received by the USCIS before the CAP closes.

Those in the Master's quota get an advantage with essentially two chances to be chosen in the lottery. When the USCIS receives all the H-1B applications the Master's quota applications are separated from the others and 20,000 applications are chosen in a separate Master's quota lottery. Any applications not chosen in the Master's quota will be placed with the other applications and have another chance to be chosen in the regular lottery. This allows those with a Master's degree to be given two chances to be chosen in the H-1-B lottery.

Contact Us

It is important to ensure all materials are in order before the CAP opens on April 1st.To discuss filing H-1B's this season contact the Law Offices of Sweta Khandelwal. Attorney Khandelwal is an immigration attorney located in the Silicon Valley who has considerable experience with H-1B filings.

Cited Sources:

H-1B Fiscal Year 2016 Cap Season, May 4, 2015, USCIS

No Comments

Leave a comment
Comment Information
  • Rated By Super Lawyers
  • 2014 Top 40 Lawyer under 40 | ASLA
  • Avvo Rating 10.0 superb immigration
  • Avvo client's choice 2014 | Immigration
  • People Love us on yelp
  • American Immigration Lawyers Association | AILA
  • The state Bar of California
Email Us For A Response

Our team is here to help with
your immigration matters

Bold labels are required.

Contact Information
I would like to discuss an immigration matter regarding:
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Location:

San Jose Office
95 S Market Street
Suite 410
San Jose, CA 95113

Phone: 408-604-0774
Fax: 408-624-4527
Map & Directions

San Francisco Office
404 Bryant Street
San Francisco, CA 94107

Phone: 408-604-0774
Fax: 408-624-4527
Map & Directions

Map Map