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EIIC

USCIS Reaches FY 2017 H-1B Cap

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption.

USCIS will use a computer-generated process, also known as the lottery, to randomly select the petitions needed to meet the caps of 65,000 visas for the general category and 20,000 for the advanced degree exemption.

USCIS will first randomly select petitions for the advanced degree exemption. All unselected advanced degree petitions will become part of the random selection process for the 65,000 general cap. The agency will reject and return filing fees for all unselected cap-subject petitions that are not duplicate filings.

Before running the lottery, USCIS will complete initial intake for all filings received during the filing period, which ended April 7. Due to the high number of petitions, USCIS is not yet able to announce the date it will conduct the random selection process.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted toward the congressionally mandated FY 2017 H-1B cap. USCIS will continue to accept and process petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States;
  • Change the terms of employment for current H-1B workers;
  • Allow current H-1B workers to change employers; and
  • Allow current H-1B workers to work concurrently in a second H-1B position.

U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming.

We encourage H-1B applicants to subscribe to the H-1B Cap Season email updates located on the H-1B Fiscal Year (FY) 2017 Cap Season Web page.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Facebook (/uscis), Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.

Maureen Fegan

As a mark of respect for our esteemed colleague Maureen Fegan, who died Saturday March 19th, our Bronx office will close at 2pm Tuesday March 22nd and all day on Wednesday March 23rd.

Funeral Arrangements:
Wake and Viewing will take place on Tuesday, March 22nd from 2pm to 4pm and from 7pm to 9pm at: David J. Hodder & Son Funeral Home located at: 899 McLean Avenue, Yonkers, NY 10704.

Funeral Liturgy will take place on Wednesday, March 23rd at 9:45 am at St. Barnabas’ Church located at: 409 East 241st Street, Bronx, NY 10470.

Volunteer Appreciation Event

We truly appreciate your dedication and effort.  You are an inspiration!

Join Emerald Isle Immigration Center and The NYC Mayor’s Office, Community Affairs Unit for a Volunteer Appreciation Event.

Thursday, April 14th, 2016         

6:00PM-10:00PM

MUNDO RESTAURANT AND BAR | PAPER FACTORY HOTEL

37-06 36th Street LIC NY 11101

$20 Donation (at the door) to support our Education Program

 For more information please contact: coordinator@eiic.org

Volunteer Appreciation Event

USCIS Will Accept H-1B Petitions for Fiscal Year 2017 Beginning April 1, 2016

On April 1, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2017 cap. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming.

The congressionally mandated cap on H-1B visas for FY 2017 is 65,000. The first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap.

USCIS expects to receive more than 65,000 petitions during the first five business days of this year’s program. The agency will monitor the number of petitions received and notify the public when the H-1B cap has been met. If USCIS receives an excess of petitions during the first five business days, the agency will use a computer-generated lottery system to randomly select the number of petitions required to meet the cap. USCIS will reject all unselected petitions that are subject to the cap as well as any petitions received after the cap has closed.

Premium Processing for Cap-Subject Petitions

H-1B petitioners may still continue to request premium processing together with their H-1B petition. However, please note that USCIS has temporarily adjusted its current premium processing practice based on historic premium processing receipt levels and the possibility that the H-1B cap will be met in the first five business days of the filing season. In order to prioritize data entry for cap-subject H-1B petitions, USCIS will begin premium processing for H-1B cap-subject petitions requesting premium processing no later than May 16, 2016.

Filing Petitions

H-1B petitioners are reminded that when the temporary employment or training will be in different locations, the state where your company or organization’s primary office is located will determine where you should send your Form I-129 package, regardless of where in the United States the various worksites are located. Please ensure that when temporary employment or training will be in different locations, the address on page 1, part 1 of Form I-129 is for your organization’s primary office. Please note that when listing a “home office” as a work site location on Part 5, question 3, USCIS will consider this a separate and distinct work site location.

H-1B petitioners must follow all statutory and regulatory requirements as they prepare petitions in order to avoid delays in processing and possible requests for evidence. USCIS has developed detailed information, including an optional checklist, Form M-735, Optional Checklist for Form I-129 H-1B Filings, on how to complete and submit an FY 2017 H-1B petition. The optional checklist for FY 2017 will be available within the next week.

Cases will be considered accepted on the date USCIS receives a properly filed petition with the appropriate fees.

For more information on the H-1B nonimmigrant visa program and current Form I-129 processing times, visit the H-1B FY 2017 Cap Season Web page or call the National Customer Service Center at 800-375-5283 or 800-767-1833 (TDD for the hearing impaired). We encourage H-1B applicants to subscribe to the H-1B Cap Season email updates located on the H-1B FY 2017 Cap Season Web page.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Facebook (/uscis), Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.