H-1B Cap Season Is Here! 

As many of you know, U.S. employers will be eligible to file H-1B petitions under the FY2017 cap on April 1, 2016, requesting an October 1, 2016 start date.  As a reminder, there is a limit or "cap" of 65,000 new H-1B visa numbers issued every fiscal year, with an additional 20,000 visa numbers available to individuals who hold a Master's degree or higher from a U.S. institution.  Some petitioners, such as universities, teaching hospitals, and non-profit research institutions, are exempt from this cap.

Last year, the H-1B cap was reached in the first week that visas were made available, and it is anticipated that the cap will again be reached during the first week this year.  Therefore, we strongly encourage employers to file all H-1B petitions for FY2017 cap numbers during the first 5 business days in April to ensure consideration for a cap number.  Once the FY2017 cap has been reached, employers will not be able to file new cap-subject H-1B petitions until April 1, 2017, requesting an October 1, 2017 start date.

Please be reminded that all H-1B petitions must be filed with a Labor Condition Application (LCA) that has been certified by the Department of Labor (DOL), and it can take DOL up to 7 business days to certify an LCA.  Additionally, it can take some time to assemble required documentation (such as degrees, transcripts, and educational evaluations, if necessary).  Therefore, if you plan to file an H-1B petition for a new cap-subject employee, please contact the attorney you work with so we may begin work on the case as soon as possible.