Fiscal Year 2015 H-1B Cap Reached

As expected, on April 07 2014, U.S. Citizenship and Immigration Services (USCIS) announced that the statutory H-1B cap of 65,000 for fiscal year (FY) 2015 has been reached. The 20,000 cap on advanced-degree exemption was exceeded at the same time as USCIS received more than the limit of 20,000 H-1B petitions.

Once USCIS completes intake for all filings received during the first five business days, they will run a random selection process.  The exact date of initiation for the random selection process has not been announced.  USCIS will conduct the random selection process for advanced degree exemptions first.  All advanced degree petitions not selected under the 20,000 limit will become part of the random selection process for the 65,000 limit.

If the H-1B Petition is not selected in the random selection process, the filing fees and the petition will be returned, unless it is found to be a duplicate filing.  Additionally, in light of high amount of anticipated premium processing receipts coupled with the fact that the H-1B cap was met in the first 5 business days, USCIS has temporarily adjusted its current premium processing practice.  The premium process clock for all FY 2015 cases will begin no later than April 28, 2014. 

Applying for H-1B status is a critical and delicate procedure that can impact your life and your surroundings significantly. Planning a trip abroad or amending/filing an H-1B status can be complicated. We at Sharma Law Offices are available to provide direction through such an important transition.