Employers Strategize With SGG as H-1B Cap Reached

For the sixth year in a row, the H-1B cap was reached in the first five days of filing eligibility.  USCIS received approximately 199,000 H-1B petitions for 85,000 available visas (including 20,000 visas set aside for individuals who earned a master’s degree or higher from a U.S. university).  USCIS began issuing receipt notices on April 11 for petitions selected in the lottery. So what does the aspiring U.S. professional worker do now?

For those whose H-1B petitions were selected in the lottery, it’s merely a waiting game.  Since the new fiscal year does not start until October 1, 2017, would-be H-1B workers must wait for their petitions to be adjudicated – hopefully in their favor.  Foreign nationals who are outside the United States must obtain their H-1B visas to enter the United States, while those currently in the United States must continue to maintain valid status before starting employment based on an H-1B approval on October 1.

Foreign students who are beneficiaries of H-1B petitions not selected in the lottery will remain in F-1 status, but must obtain other valid status or depart the United States within 60 days following the date of the rejection notice or their program end date, whichever is later.

Click here for additional information about H-1B cap petitions.

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