Important Updates
Important Updates
February 23, 2026 | 🌐Minimum Salary Changes Announced
February 24, 2026 | Costa RicaCosta Rica: Processing Delays for Residence Card Issuance
February 24, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
February 23, 2026 | CanadaCanadian Lawyer Magazine: Fragomen, Immigration Firm, Adds Julie Lessard as Partner in Montréal
February 23, 2026 | European UnionEuropean Union: European Travel Information and Authorisation System (ETIAS) and Entry/Exit System (EES) Launch Status
February 23, 2026 | 🌐Minimum Salary Changes Announced
February 24, 2026 | Costa RicaCosta Rica: Processing Delays for Residence Card Issuance
February 24, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
February 23, 2026 | CanadaCanadian Lawyer Magazine: Fragomen, Immigration Firm, Adds Julie Lessard as Partner in Montréal
February 23, 2026 | European UnionEuropean Union: European Travel Information and Authorisation System (ETIAS) and Entry/Exit System (EES) Launch Status
February 23, 2026 | 🌐Minimum Salary Changes Announced
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
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration 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

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • 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 2018 H-1B Cap Season Begins: What Employers and Foreign Nationals Can Expect

April 3, 2017

insight-news-default

Country / Territory

  • United StatesUnited States

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

United States

USCIS today begins to accept H-1B cap petitions for employment in FY 2018. With a very large number of cap filings expected this year, the FY 2018 cap of 85,000 is likely to be exhausted quickly.

The first five business days of the cap filing season – April 3 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 high volume, it will take USCIS some time to perform initial intake, run the selection lotteries, and issue receipts.  Employers and foreign nationals should expect to wait several weeks to learn whether their cap petitions were selected in the lotteries.

As a reminder, starting today, USCIS is suspending premium processing for all H-1B filings for up to six months. This means that H-1B cases will not be eligible for 15-day processing unless and until the premium suspension is lifted. 

When Will USCIS Announce That the Cap Has Been Reached?

We expect USCIS to announce that the cap has been reached on Friday, April 7 or soon after. 

Once the cap has been reached, USCIS will not accept any further cap-subject petitions until April 2, 2018, 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 after April 7, USCIS Service Centers will open each H-1B cap submission, perform initial data entry, run lotteries to select the cases that will be processed to completion and issue filing receipts.  It could take USCIS several weeks to complete this stage of processing, especially given the suspension of premium processing.

The agency will run two selection lotteries.  One lottery is used select enough cases to meet the cap exemption of 20,000 for holders of U.S. advanced degrees. The other lottery includes both regular and advanced-degree cases, and selects enough petitions to fill the standard quota of 65,000. Cases not selected in the lotteries are rejected and returned with their filing fees.

What Are the Odds of Selection in the Cap?

Filing volume for FY 2018 is expected to be high.  Last year, a record 236,000 petitions were filed against the cap.  Approximately 151,000 petitions – over 63% of all cap filings – did not win a quota number.  About 30% of regular cap cases and about 40% of advanced-degree cases were selected for processing last year.

Receipting and Adjudication

Employers whose petitions are selected for cap processing should begin to get filing receipts within weeks after the selection lotteries are completed.  Receipting could continue for several days or weeks after it begins.  Receipts will be mailed to petitioners (or their attorneys) by regular U.S. mail.

USCIS is expected to begin working on cap cases soon after they are receipted, but high filing volume, a government-wide hiring freeze, the suspension of premium processing and a significant backlog of non-cap cases could mean longer H-1B cap processing times than in past years. Though the agency makes an effort to complete cap adjudications before October 1, delays beyond this date are possible. 

If an adjudicator requires additional facts or documentation in a case, he or she will issue a request for evidence (RFE).  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 minimize processing delays. The sooner your response is submitted, the greater the likelihood that your case can be decided in time for an October 1 H-1B employment start date. 

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 year, the agency is also facing a significant backlog of non-cap cases, 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, H-1B1, L-1, E-1/E-2, E-3, O, P, and TN nonimmigrants are given an automatic 240-day extension of work authorization beyond the expiration of their current period of stay if a timely request for extension of stay is filed on their behalf.  USCIS aims to complete extension processing within this timeframe, but if it does not, the foreign national’s employment authorization could be affected.

Fragomen will provide regular updates as FY 2018 H-1B cap processing continues.  If you have any questions, please contact the immigration professional with whom you work at Fragomen. This alert is for informational purposes only.

© 2017 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Country / Territory

  • United StatesUnited States

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

Brazil: Early Career Visa

Partner Diana Quintas outlines key early career visa pathways and practical considerations for employers and graduates navigating entry-level immigration options.

Learn more

Fragomen news

Canadian Lawyer Magazine: Fragomen, Immigration Firm, Adds Julie Lessard as Partner in Montréal

The Montreal office has added Partner Julie Lessard and Counsel Elsa Agostinho and Sophia Khanzadian to strengthen its immigration services.

Learn more

Blog post

Housing Market Dynamics in Saudi Arabia: Policy Changes, Rent Stabilization and Cost of Living Implications for Employers

Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.

Learn more

Blog post

Under EU Review: Germany’s Visa Requirements Trigger Infringement Proceedings on Vander Elst Compliance

Manager Dr Adela Schmidt and Senior Associate Isabel Schnitzler analyse the European Commission’s infringement proceedings against Germany concerning its Vander Elst visa requirements for third-country nationals providing short-term cross-border services and explain why current compliance obligations remain unchanged.

Learn more

Blog post

Venezuela’s Energy Reset: Unlocking Opportunity, Managing Risk and Deploying Talent Strategically

Latin America & the Caribbean Managing Partner Leonor Echeverria, Senior Associates Sarah Blackmore and Sonya Cole and Senior Regional Knowledge Manager Laura Weingort examine renewed energy interest in Venezuela and outline key immigration pathways, procedural constraints and strategic considerations for compliant talent deployment.

Learn more

Media mentions

Global Mobility Lawyer: EU to Leverage Visas With New “Assertive Migration Diplomacy” Strategy

Senior Manager Andreia Ghimis highlights how the EU’s new migration strategy could create opportunities for employers while increasing compliance requirements.

Learn more

Awards

Spear's 500 Recognises Partner Julia Onslow-Cole

Partner Julia Onslow-Cole is recognised in the Spears 500 guide to leading private client advisers, reflecting her experience advising high-net-worth individuals, families and global businesses on complex UK and European immigration and mobility strategies.

Learn more

Media mentions

Arabian Gulf Business Insight: Saudi Business Visa Rejections Rise as Scrutiny Tightens

Partner Abeer Al Husseini discusses increased scrutiny of Saudi business visas in AGBI, highlighting stricter review of short-term entry used for operational work and the implications for regional employers.

Learn more

Awards

Doyle’s Guide 2026: Fragomen Leaders Recognized as Leading Immigration Lawyers

Australia and New Zealand Managing Partner  Teresa Liu, Partner Charles Johanes, Practice Leaders Hedvika and Leader Ben Lear and Senior Associate Hannah Scanlan are recognized in the 2026 edition of Doyle’s Guide as leading immigration practitioners in Australia.

Learn more

Awards

Fragomen Ranked Band 1 in the Chambers Global 2026 Guide

Fragomen is ranked Band 1 for Immigration: Business in the Chambers Global 2026 Guide, marking two decades of recognition since 2006. The firm is also the only firm ranked Band 1 in the Global: Multi-Jurisdictional Immigration category and receives additional individual recognitions in the USA: Business Immigration rankings.

Learn more

Fragomen news

Fragomen Strengthens Canadian Practice with Partner and Counsel Hires in MontréalLearn more

Media mentions

Buffalo Toronto Public Media: IRCC faces processing hurdles as FIFA World Cup draws near

Partner Rick Lamanna provides insight to Buffalo Toronto Public Media on potential IRCC processing challenges as Canada prepares for increased visa demand ahead of the 2026 FIFA World Cup.

Learn more

Video

Brazil: Early Career Visa

Partner Diana Quintas outlines key early career visa pathways and practical considerations for employers and graduates navigating entry-level immigration options.

Learn more

Fragomen news

Canadian Lawyer Magazine: Fragomen, Immigration Firm, Adds Julie Lessard as Partner in Montréal

The Montreal office has added Partner Julie Lessard and Counsel Elsa Agostinho and Sophia Khanzadian to strengthen its immigration services.

Learn more

Blog post

Housing Market Dynamics in Saudi Arabia: Policy Changes, Rent Stabilization and Cost of Living Implications for Employers

Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.

Learn more

Blog post

Under EU Review: Germany’s Visa Requirements Trigger Infringement Proceedings on Vander Elst Compliance

Manager Dr Adela Schmidt and Senior Associate Isabel Schnitzler analyse the European Commission’s infringement proceedings against Germany concerning its Vander Elst visa requirements for third-country nationals providing short-term cross-border services and explain why current compliance obligations remain unchanged.

Learn more

Blog post

Venezuela’s Energy Reset: Unlocking Opportunity, Managing Risk and Deploying Talent Strategically

Latin America & the Caribbean Managing Partner Leonor Echeverria, Senior Associates Sarah Blackmore and Sonya Cole and Senior Regional Knowledge Manager Laura Weingort examine renewed energy interest in Venezuela and outline key immigration pathways, procedural constraints and strategic considerations for compliant talent deployment.

Learn more

Media mentions

Global Mobility Lawyer: EU to Leverage Visas With New “Assertive Migration Diplomacy” Strategy

Senior Manager Andreia Ghimis highlights how the EU’s new migration strategy could create opportunities for employers while increasing compliance requirements.

Learn more

Awards

Spear's 500 Recognises Partner Julia Onslow-Cole

Partner Julia Onslow-Cole is recognised in the Spears 500 guide to leading private client advisers, reflecting her experience advising high-net-worth individuals, families and global businesses on complex UK and European immigration and mobility strategies.

Learn more

Media mentions

Arabian Gulf Business Insight: Saudi Business Visa Rejections Rise as Scrutiny Tightens

Partner Abeer Al Husseini discusses increased scrutiny of Saudi business visas in AGBI, highlighting stricter review of short-term entry used for operational work and the implications for regional employers.

Learn more

Awards

Doyle’s Guide 2026: Fragomen Leaders Recognized as Leading Immigration Lawyers

Australia and New Zealand Managing Partner  Teresa Liu, Partner Charles Johanes, Practice Leaders Hedvika and Leader Ben Lear and Senior Associate Hannah Scanlan are recognized in the 2026 edition of Doyle’s Guide as leading immigration practitioners in Australia.

Learn more

Awards

Fragomen Ranked Band 1 in the Chambers Global 2026 Guide

Fragomen is ranked Band 1 for Immigration: Business in the Chambers Global 2026 Guide, marking two decades of recognition since 2006. The firm is also the only firm ranked Band 1 in the Global: Multi-Jurisdictional Immigration category and receives additional individual recognitions in the USA: Business Immigration rankings.

Learn more

Fragomen news

Fragomen Strengthens Canadian Practice with Partner and Counsel Hires in MontréalLearn more

Media mentions

Buffalo Toronto Public Media: IRCC faces processing hurdles as FIFA World Cup draws near

Partner Rick Lamanna provides insight to Buffalo Toronto Public Media on potential IRCC processing challenges as Canada prepares for increased visa demand ahead of the 2026 FIFA World Cup.

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.