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H-1B Fiscal Year (FY) 2017 Cap Season

Writer : acc Date : 2016-04-08 (Fi) 14:09 Clicks : 919


H-1B Fiscal Year (FY) 2017 Cap Season

The H-1B Program

U.S. businesses use the H-1B visa program to employ foreign workers in specialty occupations that require the theoretical or practical application of a body of highly specialized knowledge, including but not limited to scientists, engineers, or computer programmers. For more information about the H-1B program, visit our H-1B Specialty Occupations Web page.

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On this page you will find information on:

How USCIS Determines If an H-1B Petition Is Subject to the FY 2017 Cap

We use the information provided in Sections 2 and 3 (or Part C) of the H-1B Data Collection and Filing Fee Exemption Supplement to help us determine if a petition is subject to the congressionally mandated cap of 65,000 H-1B visas (commonly known as the “regular cap”). If USCIS receives more than enough petitions to meet the regular cap during the first five business days, we will use a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the cap.

An exemption from the H-1B cap is available for 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher (commonly known as the “advanced degree exemption”). If USCIS receives more than 20,000 petitions requesting an advanced degree exemption during the first five business days, we will use a lottery to randomly select 20,000 petitions for the advanced degree exemption before conducting the lottery to select petitions under the regular cap. Petitions not selected for the advanced degree exemption will be entered into the lottery for the regular cap.

Where do I find it?

What version of Form I-129 are you using? Find Sections 2 and 3 (or Part C) of the H-1B Data Collection and Filing Fee Exemption Supplement on:
Revision date of Aug. 13, 2015 Pages 19-21
Revision date on/after Oct. 23, 2014, but before Aug. 13, 2015 Pages 19-21

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FY 2017 H-1B Cap Count

Cap Type

Cap Amount

Cap Eligible Petitions

Date of Last Count

H-1B Regular Cap

65,000

 

 

H-1B Master’s Exemption

20,000

 

 

UPDATE: USCIS has reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. We have 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 2017 H-1B cap

Cap Eligible Petitions

This is the number of petitions that USCIS has accepted for this particular type of cap. It includes cases that have been approved or are still pending. It does not include petitions that have been denied.

Cap Amounts

Congress set the current annual cap for the H-1B category at 65,000. Not all H-1B nonimmigrant visas are subject to this annual cap. Please note that up to 6,800 visas are set aside from the 65,000 each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore free trade agreements. Unused visas in this group become available for H-1B use for the next fiscal year.

H-1B workers performing labor or services in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam may also be exempt from the H-1B cap (see the Consolidated Natural Resources Act of 2008 (CNRA), Public Law 110-229). H-1B workers in Guam and the CNMI are exempt from the H-1B cap if their employers filed the petition before December 31, 2019. Employers cannot file a petition or an extension request for an employee more than six months before the intended employment start date.

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When to File an FY 2017 H-1B Cap-Subject Petition

We will begin accepting H-1B petitions that are subject to the FY 2017 cap on April 1, 2016. You may file an H-1B petition no more than six months before the employment start date requested for the beneficiary.

How to Ensure You Properly File Your H-1B Cap-Subject Petition

Please follow these steps:

  1. Complete all sections of the Form I-129 petition, including the H Classification Supplement and the H-1B Data Collection and Filing Fee Exemption Supplement.

   

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The Asian American Council

Michael S. Limb

Executive Chairman

 

 

 

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Reception committee Co-Chairmen

01) Tomiko Abe                    Co-Chairman of the Tokyo Chapter of the AAC

02) Dr. Louis Fujimoto         Chairman of the Japanese Affairs Committee

03) James Fan                       Director of the Chinese Affairs Committee

04) David Ignacio, Esq.        Chairman of the Filipino Affairs Committee

05) Richie Ian                        Chairman of the   Caribbean Affairs Committee

06) Mohummad Iqubal       Chairman of the International Affairs Committee

07) Lisa Su Li                         Chairman of the Inter Governmental Affairs Committee

08) Young Chul Lee             Co-Chairman of the Korean Affairs Queens Committee

09) Qasim Majeed                 Chairman of the Event Committee

10) Pea Young Ho                Co-Chairman of the Korean Business Affairs Committee

11) Jae Hack Sin                   Co-Chairman of the Korean Business Affairs  Committee

12) James Sheng                  Director of the Chinese Business Affairs Committee

13) Gun  Soo Youn               Chairman of the Korean Affairs Committee

14) Wu, Kuan He                  Chairman of the Chinese Business Affairs Queens Committee

15) Oshell Oh                       Communication Director of the International  Affairs Committee    

16) Rafael Flores                Director of Central America Affair Committee          

 


Michael S. Limb

Executive Chairman

The Asian American Council
Website: AsianAmericanCouncil.org

Tel: 718-820-0300 Cell: 917-279-7410 Fax 718-820-0700

E-mail:   limb300@hotmail.

 
 

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Michael S. Limb Executive Chairman
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