On July 14, 2015, USCIS announced that it had returned to petitioners all FY 2016 H-1B cap-subject petitions that were not selected in the H-1B lottery. The next opportunity to file H-1B petitions that are subject to the H-1B numerical cap is April 1, 2016, unless there is a change in the law before that time. However, not all new H-1B filings are subject to the H-1B numerical cap. Most colleges and universities can continue to file H-1B petitions because they are exempt from the cap. Similarly, many physicians, healthcare workers and researchers are hired by employers that can demonstrate exemption from the H-1B cap based on affiliations with a cap-exempt entity, such as a university. Individuals previously counted toward the cap are also exempt. Please contact SPS to discuss possible cap exempt options under which you may qualify.
About the Author: Sarah Peterson
Immigration Lawyer and Policy Wonk committed to building relationships and providing superb client services. Specialties:Employment-based immigration law - For more, read Sarah's professional profile