The H-1B cap for Fiscal Year 2016 (FY 2016) has been reached. The US Citizenship and Immigration Service (USCIS) made the announcement today. (http://www.uscis.gov/news/news-releases/uscis-reaches-fy-2016-h-1b-cap)
- After initial intake, at a date which is to be determined, USCIS will first “randomly select petitions for the advanced degree exemption” of 20,000.
- Advanced-degree exemption petitions not selected within the 20,000 limit will be added to the selection process for the 65,000 general H-1B petition limit for the fiscal year.
- USCIS will “reject and return filing fees for all unselected cap-subject petitions that are not duplicate filings”.
Of course, cap-exempt H-1B petitions may continue to be filed as usual.
Ms. Wadhwani is a partner in the Immigration Practice Group at Fox Rothschild LLP. She may be reached at firstname.lastname@example.org.