H-1B FiscalYear (FY) Cap Season

For Specialty Workers & Fashion ModelsBy Shah Peerally, Esq.www.PeerallyLaw.comPhone (510) 742 5887

Determining If an H-1B Petition Is Subject to the FY Cap Sections 2 and 3 (or Part C) of the H-1B Data

Collection and Filing Fee Exemption Supplement is what help the USCIS determine if a petition is subject to the cap of 65,000 H-1B visas.

Note: It is important to know if the case is a Regular or Master’s cap otherwise you might receive a denial or even a revocation at a later stage.

What are Cap Eligible Petitions? The Cap eligible petitions are those petitions which

USCIS has accepted for this particular type of cap either Master’s or Regular Cap. It includes cases that have been approved or are still pending. It does not include petitions that have been denied.

Note: The cap is what determines on an H1B transfer if you can move from one company to another. It is important to find out if you are in the H1B Cap or not.

Amounts of Visas in the H1B Cap The current annual cap for the H-1B category is at

65,000. Not all H-1B nonimmigrant visas are subject to this annual cap. Note that up to 6,800 visas are set aside from the 65,000 each fiscal year for the H-1B1 program for Chile and Singapore. Unused visas in this group become available for H-1B use for the next fiscal year. H-1B workers performing labor or services in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam may also be exempt from the H-1B cap. There is also a 20,000 H1B allocated to H1B Master’s Cap.

When to file under the H1B Cap? USCIS begin accepting H-1B petitions that

are subject to the FY 2017 cap on April 1, 2016. You may file an H-1B petition no more than six months before the employment start date requested for the beneficiary which is October 1 of each year.

Note: It is important that you provide your attorney with all the necessary documents at least 10 days before April 1.

Required Fees All petitioners must pay a base filing fee of $325 for each petition

filed. $750 for employers with 1 to 25 full-time equivalent employees,

unless exempt $1,500 for employers with 26 or more full-time equivalent

employees, unless exempt Fraud Prevention and Detection fee: $500 to be submitted with a

request for initial H-1B status. $4,000 for petitioners who: Employ 50 or more employees in the

United States and more than 50% of those employees are in H-1B or L-1 nonimmigrant status.

An addition $1225 fee if you want premium processing.

Payment Tips on filing the H1B Cap visas!Checks Check must be: Payable to the Department of Homeland Security, Dated within the last six months, and Include the proper amount and signature.  Make Separate Checks

Money Orders Money orders must be properly endorsed.Incorrect Filing Fee USCIS will reject all petitions submitted with the incorrect filing

fee(s).

Important The H1B visa application process has over the years become a

very complicated process and there is no room for even simple mistakes. Experience and the name of a good lawyer on your application can actually make a big difference between an approval, a rejection or a denial.

The Shah Peerally Law Group PC is a well recognized law firm handling hundreds of such applications for over 10 years. Their work has been recommended by many and they have actually helped thousands with their H1B and other immigration issues. Visit their website at www.PeerallyLaw.com to know more about them and how they can help in the process. You can also call (510) 7425887 for more information.

Disclaimer

Information provided on this slide and videos attached are purely educational. You should not act or refrain to act solely on the information provided. No attorney-client relationship is created by the slides or the videos.

If you need any help or have any questions, please call (510) 7425587