ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Chris Musillo on Nurse and Allied Health Immigration

LAST CHANCE FOR H-1B CAP PETITIONS

Rate this Entry
by Chris Musillo

The H-1B cap requires that all H-1B petitions are received at the USCISí California Service Center or Vermont Service Center by Friday April 7, 2015. Below are some key points to keep in mind about this yearís H-1B cap:

-The USCIS makes no accommodation for delays caused by couriers. Accordingly, MU Law will file the vast majority of its H-1B petitions on March 31 for delivery by April 3, which is the first day that H-1B petitions are accepted.

-Premium Processing Service (PPS) has been suspended, starting April 3, 2017. The suspension may last for six months. The suspension includes all H-1B petition filings, such as H-1B cap cases, H-1B amendments, H-1B transfers, and H-1B extensions.

-In 2016, H-1B lottery results were not finalized until June. It may even take the USCIS longer than in past years to notify all H-1B cap winners and losers.

Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook and follow us on Twitter.

Submit "LAST CHANCE FOR H-1B CAP PETITIONS" to Facebook Submit "LAST CHANCE FOR H-1B CAP PETITIONS" to Twitter Submit "LAST CHANCE FOR H-1B CAP PETITIONS" to Google Submit "LAST CHANCE FOR H-1B CAP PETITIONS" to StumbleUpon Submit "LAST CHANCE FOR H-1B CAP PETITIONS" to Reddit Submit "LAST CHANCE FOR H-1B CAP PETITIONS" to Digg Submit "LAST CHANCE FOR H-1B CAP PETITIONS" to del.icio.us

Tags: None Add / Edit Tags

Comments

  1. ImmigrationLawBlogs's Avatar
    Where does the USCIS FY 2018 H-1B cap notice which was posted on its website on March 15, 2017 say anything about accepting H-1B Cap subject petitions up until April 7, 2017?

    It only says that they will be accepted up until the cap is reached, which will almost certainly be on the first day that petitions are received, April 3, 2017.

    Unlike USCIS notices for last year and other recent years, this year's notice does not say anything about continuing to accept cap subject petitions until the end of the first week of April.

    Neither does this year's notice say anything about conducting an H-1B lottery, again in contrast to the notices in other recent years.

    Is there any reason to believe that these omissions from this year's USCIS notice were just by oversight?

    Or could we possibly be surprised by some unexpected policy changes next week?

    See my blog comment in the March 29 Immigration Daily issue.

    Roger Algase
    Attorney at Law


    Updated 03-31-2017 at 11:04 AM by ImmigrationLawBlogs
  2. CMusillo's Avatar
    Hi Roger,
    The USCIS used to have to make the announcement, but they changed the law in 2008. It is a full regulation. Our firm usually tries to file the bulk of the cases on the first night (i.e. we will file 100s of H-1B tonight for delivery on Monday, the first day of the H-1B cap), but most years we have a few dozen petitions that we file during days 2-4. We have seen no difference in the success/failure of H-1B lottery petitions for those filed later in the week.

    73 FR 15389, 15392
    “ Final Receipt Date When Cap Numbers Are Used Up Quickly This rule provides that USCIS will include petitions filed on all of those first five business days in the random selection process if USCIS receives a sufficient number of petitions to reach the applicable numerical limit (including limits on exemptions) on any one of the five business days on which USCIS may accept petitions. This will eliminate filing problems resulting from a rush of filings made on the first day on which employers may file petitions for the upcoming fiscal year. See revised 8 CFR 214.2(h)(8)(ii)(B).”
    https://www.gpo.gov/fdsys/pkg/FR-200...df/E8-5906.pdf


    8 CFR 2142.(h)(8)(ii)(B).
    “If the final receipt date is any of the first five business days on which petitions subject to the applicable numerical limit may be received (i.e., if the numerical limit is reached on any one of the first five business days that filings can be made), USCIS will randomly apply all of the numbers among the petitions received on any of those five business days, conducting the random selection among the petitions subject to the exemption under section.”
    https://www.uscis.gov/ilink/docView/...0-0-18547.html
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: