HR Alert

USCIS Will Accept H-1B Petitions For Fiscal Year 2018 Beginning April 3

Cap on H-1B Visas for Fiscal Year 2017 is 65,000

U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year 2018 cap on April 3, 2017.

Background

The H-1B program allows companies in the United States to temporarily employ foreign workers in occupations that require the application of a body of highly specialized knowledge in fields such as science, engineering, and information technology. Congress has set a cap of 65,000 H-1B visas per fiscal year, subject to an advanced degree exemption. USCIS will monitor the number of petitions received and notify the public when the H-1B cap has been met.

H-1B Petition Filing Requirements

H-1B petitioners must follow all statutory and regulatory requirements as they prepare petitions to avoid delays in processing and possible requests for evidence. The filing fee for Form I-129, Petition for a Nonimmigrant Worker (which requests the H-1B nonimmigrant classification) has increased to $460, and petitioners no longer have 14 days to correct a dishonored payment.

Form M-735, ''Optional Checklist for Form I-129 H-1B Filings'', provides detailed information on how to complete and submit an FY 2018 H-1B petition.

Temporary Suspension of Premium Processing
USCIS recently announced a temporary suspension of premium processing for all H-1B petitions starting April 3 for up to six months. While H-1B premium processing is suspended, petitioners will not be able to file Form I-907, Request for Premium Processing Service for a Form I-129. While premium processing is suspended, any Form I-907 filed with an H-1B petition will be rejected.

Click here for more information from USCIS.


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