FY 2018 H1B Cap Reached

Within the first 5 days of the H1B Cap 2017 filing period, U.S. Citizenship and Immigration Services (USCIS) has received sufficient number of H1B petitions to reach the statutory annual H1B Cap of 65,000 under the general category, and 20,000 under the U.S. advanced degree exemption category (popularly known as the “H1B Masters Cap”).

The filing fees for all 2017 H1B cap-subject petitions that are unselected and that are not duplicate filings will be returned.

H1B Cap Exempt Petitions

While the 2017 H1B Cap has reached, USCIS will continue to accept petitions that are H1B Cap exempt, including H1B petitions filed:

• on behalf of current H1B workers who have been counted previously against the H1B cap, and who still retain their cap number;
• to extend the stay of a current H1B worker;
• to change the terms of employment for current H1B workers;
• to allow current H1B workers to change employers; and
• to allow current H1B workers to work concurrently in a second H-1B position.

NOTE: Starting April 3, 2017, USCIS has suspended premium processing for all H1B petitions, including cap-exempt petitions, for up to six months.

We continue to monitor developments related to the 2017 H1B Cap filings and will keep our readers updated.

To learn more on how you must evaluate and utilize alternatives to the H-1B category, please check H1B Visa Alternatives: After H1B Cap Has Reached.