Everything You Need to Know About the H-1B Cap

Monday, April 2nd 2018 and is likely to only run through Friday, April 6th 2018. This is because once the number of petitions has exceeded the annual cap, CIS shuts its doors to more petitions. However, CIS must continue to accept petitions for five business days even if the cap is exceeded. In the last five years, the H-1B cap – including the 20,000 additional visa slots for beneficiaries with masters degrees or higher – was reached in the first five business days. Last year, CIS received about 199,000 during the five-day filing period. This filing period is for employment that begins on October 1st 2018, the start of the fiscal year 2019 that runs October 1st 2018 to September 30th 2019. If the start date is set for any earlier than October 1st 2018, the petition will be rejected. If the cap is exceeded, CIS runs a computer-generated random lottery to select which petitions will be considered for visa eligibility. That means, to ensure you or your client or employee has a shot at H-1B visa approval, you must:

  1. Be ready to file the petition on Monday April 2nd.
  2. Have an impeccable petition with all of the necessary forms, evidence, and documentation to ensure that once selected the petition will be approved.
If you miss this upcoming filing period, you will not be able to file again until April of 2019, and your employee will not be able to start work until October 1st, 2019. That means it’s time to get those petitions organized. For a free review of your case, or your client or employee’s case, visit ccifree.com.]]>