USCIS Will Accept H-1B Petitions for Fiscal Year 2016 Beginning April 1, 2015

Petitioners are Reminded to Follow Regulatory Requirements

WASHINGTON – On April 1, 2015, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2016 cap. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming.

The congressionally mandated cap on H-1B visas for FY 2016 is 65,000. The first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap.

USCIS expects to receive more petitions

Documenting the position as H-1B specialty occupation

One of the difficulties in preparing an H-1b petition is documenting that the position is an H-1b specialty occupation. Most of the issues involving this matter are discussed below.

Question: What are the documentations necessary to prove that a position is a specialty occupation?

Answer: A well-prepared case on the inclusion of a position as a specialty occupation should do the following:

1. Describe job duties that are sufficiently complex and involve a level of knowledge and skill that require the services of a person skilled in a specialty occupation.
2. Demonstrate that a bachelors or higher degree in a specific field of endeavor is