H1B CAPs and the Limits

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Updated DK 01/26/2016

H-1B Fiscal Year (FY) 2016 Cap Update:

USCIS has reached the congressionally mandated H-1B cap for fiscal year (FY) 2016. USCIS has received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption. 

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted toward the congressionally mandated FY 2016 H-1B cap.

Important Facts:

  1. No more multiple filings by a same employee.
  2. Cap Limit is 65,000
  3. 20,000 applicants holding Advanced Degrees are exempt from this cap.
  • The current annual cap, as set by Congress, on the H-1B category is 65,000. Not all H-1B nonimmigrant visas are subject to this annual cap.
  • if USCIS receives 20,000, all the applications for MS degree quota or higher will be then considered with the 65,000. If the 65,000 Cap is reached for a fiscal year, USCIS will announce that the cap has been filled and reject further petitions subject to the cap.
  • The rule further clarifies that USCIS will deny petitions that incorrectly claim an exemption from any H-1B numerical limits.

For more information about the H1B Cap and limits.

Visit : https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-fiscal-year-fy-2016-cap-season

For more info visit: http://www.uscis.gov/


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