Important Updates
Important Updates
March 16, 2026 | United KingdomUnited Kingdom: Relaxations Under ETA Scheme for British Dual Nationals
March 16, 2026 | GreeceGreece: Significant Immigration Reforms Include Tech and Talent Visa, Liberalizing EU Blue Card
March 16, 2026 | United KingdomLeading Britain's Conversation: One Old Arrest Can Stop You Entering the USA, Even If You Were Never Convicted
March 16, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
March 16, 2026 | 🌐Minimum Salary Changes Announced
March 16, 2026 | United KingdomUnited Kingdom: Relaxations Under ETA Scheme for British Dual Nationals
March 16, 2026 | GreeceGreece: Significant Immigration Reforms Include Tech and Talent Visa, Liberalizing EU Blue Card
March 16, 2026 | United KingdomLeading Britain's Conversation: One Old Arrest Can Stop You Entering the USA, Even If You Were Never Convicted
March 16, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
March 16, 2026 | 🌐Minimum Salary Changes Announced
March 16, 2026 | United KingdomUnited Kingdom: Relaxations Under ETA Scheme for British Dual Nationals
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

FY 2016 H-1B Cap Season Begins: What Employers and Foreign Nationals Can Expect

April 1, 2015

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

United States

USCIS today begins to accept H-1B cap petitions for employment in FY 2016. With a record number of cap filings expected this year, the FY 2016 cap of 85,000 is likely to be exhausted quickly. 

The first five business days of the cap filing season – April 1 through April 7 – are considered a single filing period. If, as anticipated, USCIS receives more than enough cap petitions to meet the quota during this period, it will run computerized lotteries to choose the cases that will be processed to completion. 

Because of the operational challenges of extremely high volume, USCIS could take longer than in the past to perform initial intake, run the selection lotteries, and issue receipts. Employers and foreign nationals should expect to wait up to several weeks to learn whether their cap petitions were selected in the lotteries. 

What Are the Odds of Selection in This Year’s Cap? 

There are strong indications that filing volume will exceed last year’s record of 172,500. If this occurs, the chance that a cap petition will be selected for processing will be lower than last year, when about 42% percent of the cases filed against the standard cap of 65,000 and about 60% of the cases filed against the cap exemption of 20,000 for holders of U.S. advanced degrees were selected. 

When Will USCIS Announce That the Cap Has Been Reached? 

We expect USCIS to announce that the cap has been reached on Tuesday, April 7. 

Once the cap has been reached, USCIS will not accept any further cap-subject petitions until April 1, 2016, but employers can continue to file H-1B cases that are not subject to the cap. These include extensions, amended petitions, changes of employer, and concurrent filings for existing H-1B workers. Petitions sponsored by institutions of higher education and their related or affiliated nonprofit entities, government research institutions and nonprofit research institutions are exempt from the cap. However, a current H-1B employee may be subject to the cap if his or her previous H-1B was sponsored by a cap-exempt employer. 

Case Intake and Selection Lotteries 

In the weeks following April 7, USCIS Service Centers will open each H-1B cap submission, perform initial data entry and run lotteries to select the cases that will be processed to completion. According to USCIS estimates, it could take up to five weeks for the agency to complete this stage of processing and notify employers whose petitions were selected. 

The first lottery will select enough cases to meet the cap exemption of 20,000 for holders of U.S. advanced degrees. The second lottery will choose from all remaining cases, including those not selected in the advanced-degree lottery, to draw enough filings to fill the standard quota of 65,000. Cases not selected in either lottery will be rejected and returned with their filing fees. 

What to Expect for Premium Processed Cases 

USCIS will delay the start of the 15-day premium processing clock no later than May 11 – nearly two weeks later than last year. Though premium service could begin sooner, in the past the agency has typically met its projected start date. 

Employers whose premium cases were selected in the lottery should get email filing receipts by May 11, though receipting could begin earlier. 

Adjudicators should begin working on premium processed cases by May 11. If an adjudicator requires additional facts or documentation in a case, he or she will issue a request for evidence (RFE) within a few days after the start of processing. If your organization receives an RFE, your Fragomen team may ask you and the petition beneficiary to provide additional information to prepare a response. Working promptly with your Fragomen team will help ensure that a decision in your case is not delayed. 

USCIS should complete initial adjudication of premium cases by May 26. By this date, employers should receive an approval, RFE or denial in their premium cases. If an RFE is issued, additional time will be required for a determination. 

What to Expect for Non-Premium Cases 

Employers whose regular processed cases were selected in the lottery should begin to get filing receipts by mid-May, if not earlier. Receipting could continue for several days or weeks after it begins. 

USCIS is expected to begin working on regular processed cases by late May or early June, and typically aims to finish initial adjudication by mid-August. RFEs may be issued at any time during this period. As above, if your organization receives an RFE, you should work with your Fragomen team to quickly assemble any additional facts or documents necessary for a response. The sooner your response is submitted, the greater the likelihood that your case will be decided in time for an October 1 H-1B employment start date. However, since the case has already been successful in the lottery, it will be processed under the cap as long as a timely RFE response is made. 

Impact of H-1B Cap Processing on Other Case Types 

During the busy cap season, USCIS devotes significant resources to the processing of H-1B cap petitions. This may prolong the processing of other case types, including extensions of stay. 

Though USCIS makes an effort not to unduly delay the processing of non-cap cases, employers and foreign nationals should plan for the possibility that their extensions may take longer than usual. As a reminder, H-1B, L-1, E-1/E-2, O, P, TN and certain other nonimmigrants are given an automatic 240-day extension of work authorization beyond the expiration of their current period of stay if an extension is filed on time. 

Fragomen will provide regular updates as H-1B cap processing continues. If you have any questions, please contact your designated Fragomen professional.

© 2015 Fragomen

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

Costa Rica Retirement Visa: Application and Requirements for Pensionado Residency

Immigration Supervisor Michael Salas Guzman explains the key eligibility requirements, documentation considerations and benefits of Costa Rica’s Pensionado residency program for retirees receiving lifetime pension income from abroad.

Learn more

Media mentions

Leading Britain's Conversation: One Old Arrest Can Stop You Entering the USA, Even If You Were Never Convicted

Senior Manager William Diaz outlines how US authorities evaluate prior criminal records under ESTA and what UK travellers need to know when completing their applications.

Learn more

Awards

Canada Managing Partner Cosmina Morariu Receives FCCCO Women in Leadership Award

Canada Managing Partner Cosmina Morariu has received the France Canada Chamber of Commerce in Ontario (FCCCO) Women in Leadership Award, recognizing her leadership and contributions to the business and legal communities.

Learn more
Generic Insights

Media mentions

Diário Do Turismo: Brasil passa a emitir visto eletrônico para chineses e amplia mobilidade de negócios

Managing Director Diogo Kloper highlights how Brazil’s new electronic visa for Chinese citizens reduces bureaucracy, lowers costs and streamlines business and tourism travel.

Learn more

Blog post

Why Climate Disruptions Are Reshaping Mobility Strategy

Partner, Global Responsible Business Practices, Lisa Koenig, Lead Analyst Dominic Dietrich, Senior Associate Sarah Blackmore and Senior Associate Sonya Berenfeld Cole examine why climate disruptions are reshaping mobility strategy as economic loss, workforce displacement and travel risks require organizations to reassess workforce planning and operational resilience.

Learn more

Media mentions

Construction Management: What Tougher English Rules Mean for Construction Employers

Associate Ilaria Iovieno and Immigration Consultant Sean Pearce explain how the UK’s higher English language requirement for work visas affects construction employers.

Learn more

Visas

FIFA Mexico 2026 World Cup Entry Requirements: Visa and Immigration Guide

Senior Business Immigration Manager Vicente Duque outlines key immigration considerations for international visitors traveling to Mexico for the 2026 FIFA World Cup, including visa eligibility, entry documentation and travel between host countries.

Learn more

Video

A Guide to EU Visa Categories for Non-EU Nationals

Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

Learn more

Blog post

Artificial Wage Inflation in Business Immigration: Policy Misalignment and Employer Impact

Counsel Susan Steger examines how wage-driven selection mechanisms in programs such as the H-1B lottery and PERM can create incentives for artificial wage inflation and introduce new compliance and workforce planning challenges for employers.

Learn more

Media mentions

Global Mobility Lawyer: Give to Gain: Strengthening Safety and Legal Pathways for Migrant Women Experiencing Abuse

Director Gemma Hyslop examines how collaboration across the global mobility sector can help strengthen legal pathways and support for migrant women experiencing abuse.

Learn more

Media mentions

Global Mobility Lawyer: Middle East Conflict Puts Multinationals’ Crisis Plans Under the Microscope

Partner Abeer Al Husseini discussed immigration and duty-of-care challenges for employers amid Middle East travel disruptions.

Learn more

Awards

Partner Sarah K. Peterson Recognized as a 2026 Women in Business Honoree by the Minneapolis/St. Paul Business Journal

Partner Sarah K. Peterson is recognized by the Minneapolis/St. Paul Business Journal as a 2026 Women in Business honoree for her professional achievements and contributions to the Twin Cities business community.

Learn more

Blog post

Costa Rica Retirement Visa: Application and Requirements for Pensionado Residency

Immigration Supervisor Michael Salas Guzman explains the key eligibility requirements, documentation considerations and benefits of Costa Rica’s Pensionado residency program for retirees receiving lifetime pension income from abroad.

Learn more

Media mentions

Leading Britain's Conversation: One Old Arrest Can Stop You Entering the USA, Even If You Were Never Convicted

Senior Manager William Diaz outlines how US authorities evaluate prior criminal records under ESTA and what UK travellers need to know when completing their applications.

Learn more

Awards

Canada Managing Partner Cosmina Morariu Receives FCCCO Women in Leadership Award

Canada Managing Partner Cosmina Morariu has received the France Canada Chamber of Commerce in Ontario (FCCCO) Women in Leadership Award, recognizing her leadership and contributions to the business and legal communities.

Learn more
Generic Insights

Media mentions

Diário Do Turismo: Brasil passa a emitir visto eletrônico para chineses e amplia mobilidade de negócios

Managing Director Diogo Kloper highlights how Brazil’s new electronic visa for Chinese citizens reduces bureaucracy, lowers costs and streamlines business and tourism travel.

Learn more

Blog post

Why Climate Disruptions Are Reshaping Mobility Strategy

Partner, Global Responsible Business Practices, Lisa Koenig, Lead Analyst Dominic Dietrich, Senior Associate Sarah Blackmore and Senior Associate Sonya Berenfeld Cole examine why climate disruptions are reshaping mobility strategy as economic loss, workforce displacement and travel risks require organizations to reassess workforce planning and operational resilience.

Learn more

Media mentions

Construction Management: What Tougher English Rules Mean for Construction Employers

Associate Ilaria Iovieno and Immigration Consultant Sean Pearce explain how the UK’s higher English language requirement for work visas affects construction employers.

Learn more

Visas

FIFA Mexico 2026 World Cup Entry Requirements: Visa and Immigration Guide

Senior Business Immigration Manager Vicente Duque outlines key immigration considerations for international visitors traveling to Mexico for the 2026 FIFA World Cup, including visa eligibility, entry documentation and travel between host countries.

Learn more

Video

A Guide to EU Visa Categories for Non-EU Nationals

Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

Learn more

Blog post

Artificial Wage Inflation in Business Immigration: Policy Misalignment and Employer Impact

Counsel Susan Steger examines how wage-driven selection mechanisms in programs such as the H-1B lottery and PERM can create incentives for artificial wage inflation and introduce new compliance and workforce planning challenges for employers.

Learn more

Media mentions

Global Mobility Lawyer: Give to Gain: Strengthening Safety and Legal Pathways for Migrant Women Experiencing Abuse

Director Gemma Hyslop examines how collaboration across the global mobility sector can help strengthen legal pathways and support for migrant women experiencing abuse.

Learn more

Media mentions

Global Mobility Lawyer: Middle East Conflict Puts Multinationals’ Crisis Plans Under the Microscope

Partner Abeer Al Husseini discussed immigration and duty-of-care challenges for employers amid Middle East travel disruptions.

Learn more

Awards

Partner Sarah K. Peterson Recognized as a 2026 Women in Business Honoree by the Minneapolis/St. Paul Business Journal

Partner Sarah K. Peterson is recognized by the Minneapolis/St. Paul Business Journal as a 2026 Women in Business honoree for her professional achievements and contributions to the Twin Cities business community.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.