June 29, 2022

Volume XII, Number 180

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USCIS Announces That the Congressionally Mandated H-1B Cap for Fiscal Year 2017 Has Been Reached

On April 7, 2016, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it had reached the Congressionally mandated H-1B cap for fiscal year 2017 (“FY17”). This announcement applies to both the general cap of 65,000 and the additional cap of 20,000 for those with advanced degrees from U.S. universities.

Once the USCIS completes its intake of all FY17 H-1B petitions received today, the agency will conduct computer-generated lotteries to determine which H-1B petitions have been selected for processing. The USCIS will first hold the advanced degree lottery for the 20,000 visas in that cap category. Once that lottery is completed, the unselected petitions will be added to the lottery for the 65,000 general category. Petitions that are not selected in either lottery will be formally rejected and returned with the filing fees.

Due to the enormous volume of H-1B petitions filed for FY17, the USCIS is presently unable to predict when it will be able to conduct these lotteries. Stay tuned!

©2022 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume VI, Number 102
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About this Author

Patrick G. Brady, epstein becker green, labor employment, erisa, wage
Member

Patrick G. Brady is a Member of the Firm in the Labor and Employment practice, in the firm's Newark office. He has worked extensively on complex wage and hour and other employment litigation and ERISA, WARN Act, and Family Leave Act matters.

Mr. Brady's experience includes:

Representing employers in class action and collective action litigation involving FLSA/state wage and hour issues

Representing employers in wrongful discharge, sexual harassment, breach of contract, discrimination/...

973-639-8261
Jang Hyuk Im, epstein becker green, labor, employment
Member

JANG HYUK IM is a Member of the Firm in the Labor and Employment practice, in the firm's San Francisco office. For more than a decade, he has advised and assisted companies in a wide range of immigration and other employment-related matters.

Mr. Im:

Counsels employers in securing all documentation, visas and permits necessary to facilitate the admission of individuals in temporary working visa classifications into the United States

Assists clients to retain these foreign nationals as full-time...

415-399-6067
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