H1-B Quota

What is the H1-B Quota?

For the last few years there have been more applicants than the total H1-B petitions immigration can accept and process in a given year (For your reference, immigration fiscal year is from October 1st to September 30th) Unless your institute, or you, are exempt from H1-B quota, all new H1-B petitions (except the extension of H1-B or transfer of H1-B) are subject to the quota also known as subject to H1-B Cap. Whether H1-B petition is subject to the regular cap of 65,000 H1-B visas is determined by USCIS using a lottery system, an advanced degree exemption is provided for the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher. Once that limit is reached, any petitions filed for beneficiaries with a U.S. master’s degree or higher will count against the regular cap, unless exempt for other reasons.


Make sure you do not miss the quote deadline of April 1st 2015. It is highly recommended that you retain an attorney and start working on your H1B case(s) as soon as possible, but not later than February 28th, 2015 so you and your attorney has enough time to have certified LCA and the petition and supporting documents ready to be filed by March 31st, 2015 to meet the deadline for quota based H1B cases.

When to File an FY 2015 H-1B Cap-Subject Petition?

Our law firm has already starting receiving inquiries about quota based H-1B cases. Most of the employers and their human resources departments start projecting and planning for H-1B candidates some time end of December or beginning of January of each year. Since the economy has been doing better, each year the demand for professionals has increased. In 2014 it is estimated that there were more than 200 thousand H1B petitions received by immigration to compete for a quota of 65,000. The CIS will start accepting H-1B petitions that are subject to the FY 2015 cap on April 1, 2014. You may file an H-1B petition no more than six months in advance of the employment start date (October 1, 2015) requested for the beneficiary.