On March 12, 2015, the U.S. Citizenship and Immigration Services (USCIS) announced that as of April 1, 2015, the USCIS began accepting H-1B petitions, which are subject to the 2016 fiscal year cap.

The H-1B program is designed to employ foreign workers who work in occupations that require specialized knowledge such as the fields of science and engineering.

The cap on H-1B visas for FY 2016 is set at 65,000, however, the first 20,000 H-1B petitions for applicants who hold a U.S. master's degree or higher are exempt from the congressional cap.

USCIS's Lottery System

The agency expects to receive more than 65,000 petitions in the first five business days of the program. If this happens, the USCIS notify the public when the H-1B petitions cap has been filled.

If the USCIS receives a flood of petitions during the first five business days, the USCIS will be using a lottery system to randomly select the number of petitions required to meet this year's cap. The USCIS will be rejecting any unselected petitions, and any received after the cap is met.

Sending in Your Petition

If you are receiving temporary employment or training in different locations, the state where your company's primary office is located will determine the location of the Service Center where you should send your Form I-129 package, regardless of where the worksite is located in the United States.

If you're an H-1B petitioner, you must follow the proper protocol as you prepare your petition as to avoid delays in processing, and any requests for evidence. By enlisting an immigration attorney, you will streamline the petition process, and ensure that it's free from common errors.

To find an experienced and qualified lawyer near you, scroll through our directory!