The H-1B cap for Fiscal Year 2016 (FY 2016) has been reached.  The US Citizenship and Immigration Service (USCIS) made the announcement today.  (

  • 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