Reminder: FY 2016 H-1B Cap Filing Season Opens Soon
March 12, 2015
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On Wednesday, April 1, 2015, U.S. Citizenship and Immigration Services will begin to accept H-1B cap petitions for the FY 2016 quota of 85,000. The demand for new H-1Bs is expected to reach record levels this year, meaning that the cap is likely to be exceeded in the critical first five business days of the filing season.
The filing window for FY 2016 cap cases is the week of Wednesday, April 1 through Tuesday, April 7. Cases received by USCIS during this period are treated equally for cap counting purposes.
With just over two weeks left before the filing season opens, your organization must act quickly to identify remaining H-1B cap needs and work with your Fragomen team so that petitions can be filed on time.
Gather Documents and File LCAs As Soon As Possible
Make sure to gather necessary petition documents as soon as possible, and file DOL labor condition applications (LCAs) – a mandatory document for every H-1B petition – as soon as possible. It takes up to seven business days, and sometimes longer, for DOL to review and certify an LCA. Submitting LCAs now will maximize the chances that your organization receives certification in time to file petitions during the first five business days of April.
When to File
To guard against the risk of untimely delivery, we recommend sending cap cases for arrival at USCIS on Wednesday, April 1, the first possible filing day. Cap-subject cases must be received by USCIS no later than Tuesday, April 7 to make the filing window. Employers should not submit H-1B petitions for delivery on or before March 31, 2015. FY 2016 cap cases that arrive at USCIS on or before March 31 will be rejected.
If, as expected, USCIS receives more than enough cap petitions to use up the entire quota between April 1 and April 7, it will run a lottery to choose the cases that will be processed to completion. Cases not selected in the lottery will be rejected and returned. In the very unlikely event that the cap is not reached during the initial five days, USCIS will continue to accept filings day by day until the quota is filled.
What This Means for Employers
If your organization has not yet initiated your FY 2016 cap cases or has identified additional cap needs, contact your Fragomen professional as soon as possible. There is still time to prepare cases before the filing period opens. Acting now is the best way to maximize your organization’s chances of meeting its H-1B cap needs for the coming fiscal year.
The filing window for FY 2016 cap cases is the week of Wednesday, April 1 through Tuesday, April 7. Cases received by USCIS during this period are treated equally for cap counting purposes.
With just over two weeks left before the filing season opens, your organization must act quickly to identify remaining H-1B cap needs and work with your Fragomen team so that petitions can be filed on time.
Gather Documents and File LCAs As Soon As Possible
Make sure to gather necessary petition documents as soon as possible, and file DOL labor condition applications (LCAs) – a mandatory document for every H-1B petition – as soon as possible. It takes up to seven business days, and sometimes longer, for DOL to review and certify an LCA. Submitting LCAs now will maximize the chances that your organization receives certification in time to file petitions during the first five business days of April.
When to File
To guard against the risk of untimely delivery, we recommend sending cap cases for arrival at USCIS on Wednesday, April 1, the first possible filing day. Cap-subject cases must be received by USCIS no later than Tuesday, April 7 to make the filing window. Employers should not submit H-1B petitions for delivery on or before March 31, 2015. FY 2016 cap cases that arrive at USCIS on or before March 31 will be rejected.
If, as expected, USCIS receives more than enough cap petitions to use up the entire quota between April 1 and April 7, it will run a lottery to choose the cases that will be processed to completion. Cases not selected in the lottery will be rejected and returned. In the very unlikely event that the cap is not reached during the initial five days, USCIS will continue to accept filings day by day until the quota is filled.
What This Means for Employers
If your organization has not yet initiated your FY 2016 cap cases or has identified additional cap needs, contact your Fragomen professional as soon as possible. There is still time to prepare cases before the filing period opens. Acting now is the best way to maximize your organization’s chances of meeting its H-1B cap needs for the coming fiscal year.
