On April 1 of each year in recent memory more than 200,000 employers vie for the coveted 85,000 H-1B visas for their foreign professional employees. This year USCIS will begin accepting H-1B petitions subject to annual numerical restrictions on Monday, April 3, 2017 (April 1st falls on a Saturday this year) for the 2018 fiscal year. Since the number of petitions USCIS is allowed to accept by law (known colloquially as the “cap”) will almost certainly be exceeded by the April 7th deadline, USCIS will thereafter conduct a random lottery process in order to determine whose petitions will be accepted and whose petitions will be rejected. Those with U.S. advanced degrees (masters or above) get better odds in the lottery drawing.

Proper and timely H-1B preparation is paramount to success as there are required steps that need to be taken (for example, the filing of an LCA with the Department of Labor) prior to filing the actual petition with USCIS. LCAs are usually reviewed and certified by the Department of Labor within seven (7) days, but such timelines cannot be trusted during the peak of the H-1B season. Continue Reading H-1B Cap Season Has Officially Begun