October 2, 2022

Volume XII, Number 275

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September 30, 2022

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2016 Filing Window for New H-1B Petitions is around the Corner

On April 1 of each year, United States Citizenship & Immigration Services (USCIS) begins accepting petitions from employers seeking to hire new H-1B workers during the next fiscal year, which begins on October 1. The number of available new H-1Bs is capped at 65,000 per fiscal year with an additional 20,000 slots available to foreign nationals holding advanced degrees from U.S. institutions. This fixed number of H-1Bs available per fiscal year is known as the H-1B cap.

If during the first five business days of April USCIS receives more H-1B petitions than it is permitted to adjudicate, USCIS will randomly select H-1B petitions for adjudication among all of the petitions received during the five-day filing window. In 2014 and 2015, USCIS received significantly more petitions than it was permitted to adjudicate during the brief filing window and we anticipate that the number of petitions filed during this year’s five-day window will again exceed the H-1B cap. To ensure that H-1B petitions are included within the random selection process, we recommend that employers make hiring decisions for foreign national workers and job applicants as soon as possible and prepare to file petitions for new H-1B on April 1, 2016.

Note that in most cases individuals who currently have H-1B status, whether with you or another employer, need not worry about the annual H-1B cap. However, other individuals, including those who are currently in F-1 (student) or J-1 (exchange visitor) status, may need new H-1B petitions filed on their behalf in order to transition to H-1B employment and avoid gaps in employment authorization. Also note that the H-1B cap does not apply to employees of (i) colleges and universities; (ii) nonprofit organizations related to or affiliated with a nonprofit college or university; or (iii) nonprofit or governmental research organizations.

©2022 MICHAEL BEST & FRIEDRICH LLPNational Law Review, Volume VI, Number 25
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About this Author

Kelly M. Fortier, Michael Best Law Firm, Business immigration, Attorney
Partner

Kelly helps employers of all sizes meet their staffing needs by handling the immigration issues they face in hiring foreign nationals and moving employees around the globe.

A partner in the firm’s Labor and Employment Relations practice group and Co-chair of the Immigration and International Migration team, she handles compliance issues for corporations that transfer dozens of employees into and out of the United States each year as well as small companies seeking to bring in a few key hires from abroad.

Kelly is highly...

414-277-3460
Jose Olivieri, Michael Best Law Firm, Higher Education, Labor and Immigration Attorney
Partner, Industry Group Chair

José is the founder and co-chair of Michael Best’s immigration law practice. Clients depend on his deep knowledge of and experience with U.S. immigration law and employment-based immigration matters, including:

  • Immigration status

  • Permanent labor certification

  • National interest waiver

  • Adjustment of status

  • Consular processing

  • Citizenship and...

414-225-4967
Kelly Rourke, Michael Best Law Firm, Immigration and Employment Attorney
Associate

Kelly assists employers with administrative law matters, focusing her practice primarily on employment-based immigration.

She regularly helps clients meet critical staffing needs by obtaining nonimmigrant status for foreign workers and securing and maintaining legal permanent residence for foreign nationals. To this end, she handles an array of nonimmigrant petitions, applications for labor certification, adjustment of status and naturalization filings, consular processing matters, motions to reopen, and motions to reconsider. She also...

414-347-4741
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