Dec 18

2017 H1B Cap Process Overview

H1B cap process | H1B cap overview | H1B cap lottery

H-1B visa is a temporary employment visa issued by USCIS (United States Citizenship and Immigration Services), for eligible candidates (foreign nationals) through petitioner (Employer) for a period of 6 years. After six years, H-1B Visa can be extended based on certain specific criteria like MAXOUT, PERM or I-140(These terms will be explained in detail in the later topics).  H-1B visa is called DUAL INTENT visa i.e. Can work in H-1B and parallel apply for Green Card also. Certain employment visas are not eligible for dual intent.

USCIS will accept applications from US employers for filing New H-1B CAP 2017 starting from 1st April 2016.   If more no of applications are received, then USICS freezes the process of receiving applications on a particular date (only USCIS decides that date). So most petitioners send the applications to reach USCIS on 01-April 2016 in order to avoid non-selection of their applications (if lottery process is involved).

USCIS receives H-1B applications either through regular processing or premium processing. For premium processing, the petitioner has to pay additional fees (please refer USCIS H-1B Fee Table) and petitioner will get approval or denial or RFE (request for evidence) from USCIS within fifteen days. For regular processing, usually it takes between 1 to 4 months.

H-1B cap can be broadly classified into H-1B Bachelor’s Cap and H-1B Master’s Cap.

2017 H-1B Bachelor’s Cap: 65,000

  • Candidates from all over the world can apply for 2017 H-1B cap through US employers. Candidates (within US or Outside US) who have Bachelor’s Degree, or Bachelor’s Degree with experience, which is equivalent to US Bachelor’s Degree can apply for this 2017 H-1B cap.
  • This H-1B Cap of 65,000 includes regular Bachelor’s Cap plus H1B1 Cap of Singapore (5400) / Chile (1400) and Non-Selected H1B Master’s Cap applications from the Lottery process.

2017 H-1B Master’s Cap: 20,000

  • Candidates who have earned Master’s Degree from US College or US universities can apply through US employers.
  • For 2017 H-1B Cap, USCIS will receive 65,000 Bachelor’s Cap Applications and 20,000 Master’s Cap applications. Based on the last three year’s statistics, USCIS may freeze the process of receiving H-1B applications on or before 6th April 2016 since the total number of received applications may reach 200,000 and above.
  • When more applications are received, USCIS go for computer based lottery process. Every application is given a unique number and the applications are selected through a computer driven process.
  • When USCIS receives more applications through H-1B Master’s Cap, they select 20,000 applications from lottery process and the non-selected applications are added to H-1B Bachelor’s Cap.
  • USCIS selects 58,200 applications [65,000 – 6800 (Reserved H1B1 for Chile and Singapore Candidates)] and sends I-797 notice (which contains receipt number) mail to the petitioner. For non-selected applications, USCIS returns back the fees to the petitioner. After 1 to 4 months, USCIS may either send approval or RFE or denial notice for applications filed through regular processing.
  • If Candidate outside US receives approval notice, then an appointment is scheduled with US consulate for Visa Stamping. Candidate visits the consulate with all necessary documents and letters. Officers in the consulate interview the candidate and if everything goes well, US visa will be approved and the same is stamped on the passport.
  • From October 1st 2016, candidate can start working in US.
(Visited 799 times, 1 visits today)

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>