How to Successfully Navigate the H-1B Process: “You’ve Got to be in it to Win it” 

January, 2016 - Brent T. Huddleston, Katie Chatterton

The filing window for Fiscal Year 2017 for Cap-Subject H-1B petitions – those subject to the annual numerical limit (the “Cap”) – will open on April 1, 2016. Given recent trends, the number of filed petitions is expected to again exceed the Cap.

Over the last three years, the Cap has been reached within the first week of the April filing period. For Fiscal Year 2016, approximately 233,000 H-1B petitions were filed with United States Citizenship and Immigration Services (“USCIS”) in this timeframe. These petitions were then subjected to a computer-generated random selection process to identify those included in the Cap. As experts predict that the Cap will again be met as employers attempt to file cases rejected in previous lottery years, employers with a need for H-1B workers should contact their attorney as soon as possible to begin preparing these petitions.

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