How the FY-2017 H-1B Visa Lottery
How many H-1B Visas are available for the FY-2017 Quota?
58,200 (65,000 minus 6,800 carved out for Chile and Singapore
H-1Bs) H-1B Visas are available per year in the Bachelorís degrees
20,000 H-1B Visas are available per year in the U.S. Masterís
When can I file my H-1B Visa Petition with USCIS?
Friday, April 1 2016 is the first day USCIS will accept H-1B
petitions for quota (cap) subject cases for FY (Fiscal Year) 2017,
commencing October 1, 2016 .
Because demand for H-1B workers remains high the quota likely
will be filled in the first 5 business days of April.
Thursday, April 7 2016 is likely the last day USCIS will accept
H-1B petitions for quota (cap) subject cases for FY (Fiscal Year)
USCIS is required to accept petitions received during the first
five business days of April. With April 1st a Friday, the fifth
business day will be Thursday, April 7, meaning petitions must be
sent via Next Day Delivery no later than Wednesday April 6th 2016.
happens once USCIS receives my FY 2017 H-1B
Initial review will sort out multiple or duplicative H-1B
petitions filed by an employer for one employer. Regulations
require USCIS to deny or revoke those multiple or duplicative
petitions that an employer files for the same H-1B worker, and they
will not return or refund the filing fees.
U.S. Masterís cap petitions will be sorted from non-U.S. Masterís
cases and subjected to the random process to select the 20,000 that
will be processed.
All cases not selected as part of the U.S. Masterís lottery will
be entered into the bachelorís cap lottery, in which 58,200 cases
(65,000 minus 6,800 carved out for Chile and Singapore H-1Bs) will
be subjected to the random system to select those that will be
Rejected petitions will be returned to the attorney or employer
along with the filing fees (except for multiple or duplicative
filings by an employer for an employee).
Employers probably will not know whether a petition has been
accepted and made it through the lottery until processing has begun
and USCIS sends a receipt notice, or until the attorney or employer
receives the rejected petition.
What is Premium Processing and should I use it?
For FY 2017 cases, Premium Processing means that USCIS will issue
a decision within 30 days in exchange for a $1,225 fee.
Premium processing does not increase the change of being selected
in the lottery, but may enable earlier notification of whether the
petition was accepted or rejected.
Petitions filed without premium processing may take several
months to process, but should be processed before October 1, 2016.
When should I start preparing my FY 2017 H-1B Visa Petition?
We suggest starting ASAP.
The iCert LCA system is likely to become slower as April 1st
In addition starting now will give you more time to address
potential specialty occupation and prevailing wage issues, and order
University Transcripts, Academic Evaluations, and End Client
How the FY-2017 H-1B Visa Lottery Works