USCIS received 233,000 FY 2016 H-1Bs: 148,000 more than the maximum quota

The US Citizenship and Immigration Services agency (USCIS) announced that the agency received nearly 233,000 new H-1Bs subject to the 85,000 quota limit for fiscal year 2016. The agency also announced that no later than May 11, 2015, the agency will resume the optional 15-day, $1,225 premium processing of quota-subject H-1Bs.

US law allows for the approval of up to 65,000 new H-1Bs subject to quota limits for each fiscal year, plus an additional 20,000 new H-1Bs that are only for individuals who earned an advanced degree from an American university. When more than the authorized number are received during the first five business days of April, the agency then randomly selects the lucky winners, choosing first 20,000 from those with advanced degrees. All unselected advanced degree petitions are then part of the selection process for the 65,000 quota. The USCIS has not yet announced how many of the petitions received were for individuals with advanced degrees.

The agency did not announce when fee receipts would be issued for the H-1Bs selected or when the non-selected petitions would be returned. Based on prior years, this seems likely to happen during the  last week of April and through May.

The full text of the USCIS announcement can be found at the USCIS web site.

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Matt Schulz

About Matt Schulz

Matt Schulz is a member of Dentons' Litigation and Dispute Resolution practice with a focus on business immigration and employment law. He is a leader in the firm's Global Mobility practice and a member of Dentons' Venture Technology and Emerging Growth Companies practice.

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