
United States
USCIS today announced that it received approximately 233,000 FY 2016 H-1B cap petitions between April 1 and April 7, 2015 – approximately 35 percent more petitions than were received during the FY 2015 filing period.
The agency has run two lotteries to choose the cases that will be processed to completion. The first lottery selected enough cases to meet the cap exemption of 20,000 for holders of U.S. advanced degrees. The second lottery chose from the roughly 213,000 remaining cases, including those not selected in the advanced-degree lottery, to draw enough filings to fill the standard quota of 65,000. The number of advanced-degree cases filed with USCIS is not yet known, but is certain to have exceeded the approximately 43,000 advanced-degree cases filed last year.
This year, standard cap filings have a 30 percent chance of selection in the lottery – a significant drop from last year, when some 42 percent were chosen. The odds for advanced-degree cases are somewhat higher, because these filings get a second chance for selection if they are not chosen in the initial lottery, but will not be known with certainty until USCIS discloses the number of advanced-degree cases that were submitted. The overall chance of selection in the FY 2016 cap is approximately 36 percent.
What’s Next: Filing Receipts and Adjudication
Now that the selection lotteries are finished, USCIS will begin to issue filing receipts to employers whose petitions were chosen. Premium processing receipts will come first by email, and could begin in as soon as a few days. Receipts for non-premium cases should begin in the coming weeks, with receipting continuing for several weeks thereafter.
Adjudication of premium cases will begin no later than May 11, USCIS has reconfirmed. By May 26, employers who requested premium service should see a petition approval or a request for additional evidence (RFE). Adjudication of non-premium cases will begin after May 26 and is likely to continue through mid-August; USCIS could issue RFEs for these cases at any point during this period.
What This Means for Employers
Employers will not know which of their cases were selected in the lottery until USCIS completes initial case data entry and issues filing receipts, which could take weeks for non-premium cases. Cases that were not chosen in the lotteries will be rejected and returned with their filing fees; returns are likely to occur by mid-June.
Once receipting is completed, contact your Fragomen team for assistance in identifying alternatives for foreign nationals whose H-1B petitions were not selected in the cap lotteries.
Explore more at Fragomen
Fragomen news
The Montreal office has added Partner Julie Lessard and Counsel Elsa Agostinho and Sophia Khanzadian to strengthen its immigration services.
Blog post
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.
Blog post
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.
Blog post
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.
Media mentions
Senior Manager Andreia Ghimis highlights how the EU’s new migration strategy could create opportunities for employers while increasing compliance requirements.
Awards
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.
Media mentions
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.
Awards
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.
Awards
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.
Media mentions
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.
Blog post
Immigration Director Deirdre Murray explores the impact of upcoming employment permit changes on employers and workforce planning in Ireland.
Fragomen news
The Montreal office has added Partner Julie Lessard and Counsel Elsa Agostinho and Sophia Khanzadian to strengthen its immigration services.
Blog post
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.
Blog post
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.
Blog post
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.
Media mentions
Senior Manager Andreia Ghimis highlights how the EU’s new migration strategy could create opportunities for employers while increasing compliance requirements.
Awards
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.
Media mentions
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.
Awards
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.
Awards
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.
Media mentions
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.
Blog post
Immigration Director Deirdre Murray explores the impact of upcoming employment permit changes on employers and workforce planning in Ireland.

