If Congress should fail to pass a FY2016 budget or Continuing Resolution before October 1, 2015, the government, including the Department of Labor will shut down (again; previously occurred in October 2013). This will directly affect the Department of Labor’s Office of Foreign Labor Certification (OFLC) since its functions are not “excepted” from a shutdown

H-1B petitioners and beneficiaries alike should soon have “closure” regarding the FY 2016 H-1B cap season.

A cap-subject H-1B petitioner (and beneficiary) may have held a glimmer of hope if it hadn’t yet received its returned H-1B petition, but the US Citizenship and Immigration Service (USCIS or the Immigration Service) announced today (July 14, 2015)

Receipt or return.  The US Citizenship and Immigration Service (USCIS) has indicated that it will now begin returning FY 2016 H-1B cap-subject petitions that were not chosen in the FY 2016 H-1B Lottery (computer-generated random selection process). 

Receipts for H-1B petitions selected for processing have been issued over the past week or so.   In this

Last year at about this time, I published a blog post captioned, “FY 2015 H-1B Cap:  What are the Odds?” (https://immigrationview.foxrothschild.com/h-1b-temporary-workers/fy-2015-h-1b-cap-what-are-the-odds/).  According to my very basic calculations, I estimated that the odds of receiving one of the limited FY 2015 H-1B numbers was about 43% under the regular cap, with slightly better chances for those

The US Citizenship and Immigration Service (USCIS) recently provided information to confirm that it will accept cap-subject H-1B petitions for Fiscal Year 2016 (FY 2016) during the first 5 business days of April, that is Wednesday, April 1st through Tuesday, April 7th, 2015.

With the first week of April being a “split

You’ve likely been flooded with information regarding H-1B season from multiple sources.  Yesterday, the US Citizenship and Immigration Service (USCIS) issued its own information(http://www.uscis.gov/news/uscis-will-accept-h-1b-petitions-fiscal-year-2016-beginning-april-1-2015) regarding Fiscal Year 2016 (FY 2016) H-1B petitions.

Here is a summary:

  • USCIS will accept cap-subject FY 2016 H-1B petitions beginning April 1, 2015.
  • The FY 2016 H-1B

With no relief in sight for an increase in the limited number of H-1B spots that will be available in Fiscal Year 2016 (FY 2016) nor likely implementation of other possible measures to improve the immigration system by April 1, 2015, are you ready for H-1B Cap Season?  If you are a cap-subject employer, it’s