Difference between revisions of "Timeline of H-1B"

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The portion of this table from Fiscal Year 2014 to Fiscal Year 2017 is taken from Wikipedia's {{w|Premium Processing Service#Pre-announced delays for processing cap-subject petitions}} page, and is subject to the same CC-by-SA license. However, the original table was mostly constructed by the author of this Timelines wiki page.
 
The portion of this table from Fiscal Year 2014 to Fiscal Year 2017 is taken from Wikipedia's {{w|Premium Processing Service#Pre-announced delays for processing cap-subject petitions}} page, and is subject to the same CC-by-SA license. However, the original table was mostly constructed by the author of this Timelines wiki page.
  
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For context: the annual quotas for H-1B apply every Fiscal Year. A Fiscal Year begins on October 1 of the previous calendar year and ends on September 30 of the same calendar. For instance, Fiscal Year 2004 is from October 1, 2003 to September 30, 2004.
+
The annual quotas for H-1B apply every Fiscal Year. A Fiscal Year begins on October 1 of the previous calendar year and ends on September 30 of the same calendar. For instance, Fiscal Year 2004 is from October 1, 2003 to September 30, 2004.
  
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The H-1B petition is filed using {{w|Form I-129}}, and any Form I-129 petition can be submitted at most six months in advance of the indicated start date. Therefore, petitions for cap-subject petitions in a given Fiscal Year start on the first weekday of April (usually April 1, sometimes April 2 or April 3) of the preceding calendar year.
+
The H-1B petition is filed using {{w|Form I-129}}, and any Form I-129 petition can be submitted at most six months in advance of the indicated start date. Therefore, cap-subject petitions in a given Fiscal Year start on the first weekday of April (usually April 1, sometimes April 2 or April 3) of the preceding calendar year.
  
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Starting with Fiscal Year 2006, USCIS has implemented a lottery to allocate petitions for processing if it hits the cap. According to this petition, all petitions received ''before'' the date the USCIS hits its cap are processed, but petitions received on the day it hits the cap are run through a lottery that selects the number necessary to just hit the cap.<ref name=uscis-lottery-regulation/>
+
Starting with Fiscal Year 2006, USCIS has implemented a lottery to allocate petitions for processing if it hits the cap. According to this regulation, all petitions received ''before'' the date the USCIS hits its cap are processed, but petitions received on the day it hits the cap are run through a lottery that selects the number necessary to just hit the cap.<ref name=uscis-lottery-regulation/>
  
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Starting with Fiscal Year 2009, if the number of petitions received in the first week of April (i.e., the first five working days from the time applications open) exceeds the cap (of 65,000 + 20,000 cap-exempt) after accounting for the rejection rate on petitions, a lottery is conducted to select which petitions will be processed. USCIS stops accepting further petitions. Lotteries have been conducted every year since Fiscal Year 2014 (April 2013). USCIS switched to the current system of waiting at least five days before closing applications, to reduce pressure on overnight couriers and USCIS service centers.<ref name=nlr-lottery-lawsuit/>
+
For Fiscal Year 2008, USCIS had to close petitions after just two days of receiving petitions.<ref name=uscis-2008-h-1b-lottery/> The heavy pressure on service centers and overnight courier services<ref name=nlr-lottery-lawsuit/> at the start of cap season led to USCIS changing its process somewhat starting Fiscal Year 2009. USCIS would always wait at least the first five working days to receive petitions, and, if enough petitions were received in the first fivedays, it would put ''all'' petitions received in the first five days (not just those on the last day) through its lottery to determine which petitions would be adjudicated.<ref name=nlr-lottery-lawsuit/><ref name=uscis-2009-h-1b-lottery/> USCIS has achieved its cap after five days in every fiscal year starting Fiscal Year 2014 onward (see table below).
  
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Otherwise, USCIS announces that it is continuing to receive petitions, and then announces later when it has met the cap and is no longer accepting petitions. In this latter case, USCIS does not conduct a lottery, but rather processes all petitions till the cap is hit.
+
Due to the huge influx of petitions right around April 1, USCIS delays the countdown start for Premium Processing for cap-subject petitions received at the beginning of the filing season. Prior to Fiscal Year 2014, the delayed start date was announced retroactively, after the first week of receiving petitions; from Fiscal Year 2014 to 2017, the delays were pre-announced.
−
 
 
−
Due to the huge influx of petitions right around April 1, USCIS delays the countdown start for Premium Processing for cap-subject petitions received at the beginning of the filing season. Prior to Fiscal Year 2014, these delays were generally announced retroactively; from Fiscal Year 2014 to 2017, the delays were pre-announced.
 
  
 
Early April is sometimes called "H-1B season", "H-1B cap season", "H-1B filing season", or "H-1B petition season", and is the subject of much informal discussion among petitioners, beneficiaries, and commentators.
 
Early April is sometimes called "H-1B season", "H-1B cap season", "H-1B filing season", or "H-1B petition season", and is the subject of much informal discussion among petitioners, beneficiaries, and commentators.
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| Fiscal Year 2007 (begins October 1, 2006) || N/A || N/A || April 3, 2006 || May 26, 2006<ref>{{cite web|url = https://www.uscis.gov/sites/default/files/files/pressrelease/FY07H1Bcap_060106PR.pdf|title = USCIS Reaches H-1B Cap|date = June 1, 2006|accessdate = August 13, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || Yes
 
| Fiscal Year 2007 (begins October 1, 2006) || N/A || N/A || April 3, 2006 || May 26, 2006<ref>{{cite web|url = https://www.uscis.gov/sites/default/files/files/pressrelease/FY07H1Bcap_060106PR.pdf|title = USCIS Reaches H-1B Cap|date = June 1, 2006|accessdate = August 13, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || Yes
 
|-
 
|-
−
| Fiscal Year 2008 (begins October 1, 2007) || N/A || N/A || April 2, 2007<ref name=uscis-2007-h-1b-lottery/> || April 3, 2007<ref>{{cite web|url = https://www.uscis.gov/sites/default/files/files/pressrelease/H1BFY08Cap040307.pdf|title = USCIS Reached FY 2008 H-1B Cap|date = April 3, 2007|accessdate = August 12, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || Yes
+
| Fiscal Year 2008 (begins October 1, 2007) || N/A || N/A || April 2, 2007<ref name=uscis-2008-h-1b-lottery/> || April 3, 2007<ref name=uscis-2008-h-1b-lottery>{{cite web|url = https://www.uscis.gov/sites/default/files/files/pressrelease/H1BFY08Cap040307.pdf|title = USCIS Reached FY 2008 H-1B Cap|date = April 3, 2007|accessdate = August 12, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || Yes
 
|-
 
|-
−
| Fiscal Year 2009 (begins October 1, 2008) || N/A || N/A || April 1, 2008<ref name=uscis-2008-h-1b-lottery/> || April 7, 2008<ref name=uscis-2008-h-1b-lottery>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-runs-random-selection-process-h-1b-petitions|title = USCIS Runs Random Selection Process For H-1B Petitions|date = April 14, 2008|accessdate = August 13, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || Yes
+
| Fiscal Year 2009 (begins October 1, 2008) || N/A || N/A || April 1, 2008<ref name=uscis-2009-h-1b-lottery/> || April 7, 2008<ref name=uscis-2009-h-1b-lottery>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-runs-random-selection-process-h-1b-petitions|title = USCIS Runs Random Selection Process For H-1B Petitions|date = April 14, 2008|accessdate = August 13, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || Yes
 
|-
 
|-
 
| Fiscal Year 2010 (begins October 1, 2009) || April 20, 2009<ref name=fy-2010-pps-update>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-updates-count-fy2010-h-1b-petition-filings-0|title = USCIS Updates Count of FY2010 H-1B Petition Filings|date = April 20, 2009|accessdate = August 13, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || April 7, 2009<ref name=fy-2010-pps-update/> || April 1, 2009<ref>{{cite web|url = https://www.uscis.gov/news/public-releases-topic/visas-h-1b/2010-h-1b-petition-season|title = 2010 H-1B Petition Season|date = April 8, 2009|accessdate = August 13, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || December 21, 2009<ref>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-reaches-fy-2010-h-1b-cap|title = USCIS Reaches FY 2010 H-1B Cap|date = December 22, 2009|accessdate = August 13, 2017}}</ref> || No
 
| Fiscal Year 2010 (begins October 1, 2009) || April 20, 2009<ref name=fy-2010-pps-update>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-updates-count-fy2010-h-1b-petition-filings-0|title = USCIS Updates Count of FY2010 H-1B Petition Filings|date = April 20, 2009|accessdate = August 13, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || April 7, 2009<ref name=fy-2010-pps-update/> || April 1, 2009<ref>{{cite web|url = https://www.uscis.gov/news/public-releases-topic/visas-h-1b/2010-h-1b-petition-season|title = 2010 H-1B Petition Season|date = April 8, 2009|accessdate = August 13, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || December 21, 2009<ref>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-reaches-fy-2010-h-1b-cap|title = USCIS Reaches FY 2010 H-1B Cap|date = December 22, 2009|accessdate = August 13, 2017}}</ref> || No

Revision as of 16:33, 13 August 2017

This timeline covers the history of the H-1B visa and associated work status. The timeline incorporates some content from H-1B visa#Changes to legal and administrative rules and Premium Processing Service#Pre-announced delays for processing cap-subject petitions. Although much of the copied content was added by the author of the current Timelines wiki page, it also incorporates edits from others. The original content was released under the Creative Commons Attribution/Share-Alike License (CC-BY-SA), so this page inherits this license.

Full timeline

When inline citations are missing, this is usually because the Wikipedia article for the subject of that row has adequate detail and its own citations.

Year Month and date (if available) Event type Event name Authorities in power Effect on fees Effect on cap Effect on LCA attestations and DOL investigative authority Effect on adjudication process Details
1952 June 27 Legislation Immigration and Nationality Act of 1952 82nd United States Congress, President Harry S. Truman (vetoed but overridden) Creates the H-1 and H-2 visa categories for skilled and unskilled workers; the H-1 would give rise to the modern H-1B visa.
1982 INS/USCIS guidance In response to Matter of Srinivasan N/A N/A N/A N/A An internal memo of the Immigration and Naturalization Services (INS, the precursor to United States Citizenship and Immigration Services) provides guidance regarding issuance of B-1 in lieu of H-1.[1][2]
1990 November 29 Legislation Immigration Act of 1990 101st United States Congress, President George H. W. Bush Only a base filing fee Set an annual cap of 65,000 on new 3-year H-1Bs, including transfer applications and extensions of stay. Set up the basic rules for the Labor Condition Application Defines adjudication process The old H-1 visa is split into the H-1A visa for nurses (which would be discontinued and replaced by the H-1C visa, which would also be discontinued) and the H-1B visa. Additionally, the Immigration Act of 1990 also creates the employment-based (EB) immigration category for permanent immigration. The H-1B and EB would play an important symbiotic role.
1998 October 21 Legislation American Competitiveness and Workforce Improvement Act (ACWIA) 105th United States Congress, President Bill Clinton Additional $500 fee to train U.S. workers to reduce the shortage of skilled workers, and therefore reduce the need for H-1B Temporary increase in caps to 115,000 for 1999 and 2000 Introduces the concept of H-1B-dependent employer and required additional attestations about non-displacement of U.S. workers from employers who were H-1B-dependent or had committed a willful misrepresentation in an application in the recent past. Also gives investigative authority to the United States Department of Labor No change The legislation is mostly a victory for restrictionists and labor advocates, with the main concession to expansionists being the temporary quota increase
2000 October 17 Legislation American Competitiveness in the 21st Century Act (AC21) 106th United States Congress, President Bill Clinton Increase of fee for training U.S. workers from $500 to $1000 Increase in caps to 195,000 for Fiscal Years 2001, 2002, and 2003.
Creation of an uncapped category for non-profit research institutions.
Exemption from the cap for people who had already been cap-subject. This includes people on cap-subject H-1Bs who are switching jobs, as well as people applying for a 3-year extension of their current 3-year H-1B. Also, people with pending green card applications on EB-1,2,3 statuses can keep extending their H-1B (without being cap-subject) while waiting 		No change No change The legislation paves the way for a significant de facto expansion of the H-1B program, despite no permanent increase in the annual cap.
2001 July 30 INS/USCIS guidance Premium Processing Service launch Additional fee of $1000 for using the Premium Processing Service; those not using it see no fee change No change No change Those who pay for the Premium Processing Service should receive an initial adjudication in 15 calendar days from the later of the time of petition receipt or time of Premium Processing Service filing and fee receipt.[3]
2004 January 1 Treaty or trade agreement Singapore–United States Free Trade Agreement United States and Singapore governments; President George W. Bush and 108th United States Congress on the United States side No change H-1B cap reduced by the number of H-1B1 visas issued No change No change The Singapore–United States Free Trade Agreement (signed May 6, 2003, ratified July 24, 2003) includes provisions for the H-1B1 visa category for Singapore
2004 January 1 Treaty or trade agreement Chile–United States Free Trade Agreement United States and Chile governments; President George W. Bush on the United States side No change H-1B cap reduced by the number of H-1B1 visas issued No change No change The Chile–United States Free Trade Agreement (signed June 6, 2003, active starting January 1, 2004) includes provisions for the H-1B1 visa category for Chile
2004 December 6 Legislation H-1B Visa Reform Act of 2004, part of the Consolidated Appropriations Act, 2005 108th United States Congress, President George W. Bush Increase of fee for retraining US workers to $1500 for companies with 26 or more employees, reduction to $750 for small companies. Addition of anti-fraud fee of $500 Bachelor's degree cap returns to 65,000 with added 20,000 visas for applicants with U.S. postgraduate degrees. Additional exemptions for non-profit research and governmental entities. Expands the Department of Labor's investigative authority, but also provides two standard lines of defense to employers (the Good Faith Compliance Defense and the Recognized Industry Standards Defense). No change The first affected cap season is Fiscal Year 2006 (starting October 1, 2005; petitions in April 2005).
2005 May 5 INS/USCIS regulation 70 FR 23775 - ALLOCATION OF ADDITIONAL H-1B VISAS CREATED BY THE H-1B VISA REFORM ACT OF 2004 USCIS; contact point Kevin J. Cummings, Adjudications Officer, Business and Trade Services Branch/Program and Regulation Development No change According to the regulation, petitions received before the date it hits the cap are always adjudicated. Petitions received on the day it hits the cap are subjected to a lottery that selects enough petitions to just hit the cap. These processes apply to both the regular 65,000 and the Masters degree 20,000 caps; however, after the Masters degree 20,000 cap is attained, additional petitions in the Masters degree category are simply treated as ordinary petitions No change No change USCIS issues an updated regulation clarifying what petitions it will adjudicate if it hits the cap for a given fiscal year. The new regulation is necessary to clarify the implementation of the new setup where ther are two caps: 65,000 for regular H-1Bs and 20,000 for people with U.S. masters degrees.[4][5]
2007 April 18 Proposed legislation SKIL Bill (christened "SKIL Act of 2007") John Shadegg (in the 110th United States Congress No change Proposed:
Immediate cap increase from 65,000 to 115,000, and provision for 20% increase next year if the cap is met in a given year.
Expands the master's exemption (to include not just people with U.S. Masters degrees but people with foreign STEM masters degree and three years of related U.S. work experience) and some other cases.
Removes the limit on the master's exemption, from 20,000 to unlimited 		No change No change After being introduced on April 18, 2007, the bill is referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law on June 4, 2007.[6] There is no further progress.
2008 April 8 INS/USCIS guidance Extending Period of Optional Practical Training by 17 Months for F-1 Nonimmigrant Students With STEM Degrees and Expanding Cap-Gap Relief for All F-1 Students With Pending H-1B Petitions Federal Register Volume 73, Number 68 (Tuesday, April 8, 2008) Michael Chertoff (Department of Homeland Security (DHS) Secretary); USCIS and U.S. Immigration and Customs Enforcement (ICE) are under DHS No change No change No change No change Two new ways of extending Optional Practical Training (OPT) are introduced, both of which make it easier for people to transition from OPT to H-1B status. The first, the STEM extension, allows students in STEM fields an extra 17 months of OPT under some additional conditions. The second, the cap-gap, allows for OPT to be extended if there is a corresponding pending cap-subject petition.[7]
2009 February 17 Legislation Employ American Workers Act, part of the American Recovery and Reinvestment Act of 2009 111th United States Congress, President Barack Obama No change No change All recipients of Troubled Asset Relief Program (TARP) or Federal Reserve Act Section 13 are required to file the additional attestations required of H-1B-dependent employers, for any employee who had not yet started on a H-1B visa. No change Sunset after two years, on February 17, 2011.
2010 January 8 INS/USCIS guidance Determining Employer-Employee Relationships for Adjudication of H-1B Petitions, Including Third-Party Site Placements Donald Neufeld (Associate Director, Service Center Operations) No change No change No change Memo updates Adjudication Field Manual (AFM) Chapter 31.3(g)(15) (AFM Update 10-24) with clearer guidance on determining if petitioner and beneficiary have an employer/employee relationship The memo uses the employer's "right to control" as a key criterion for an employer/employee relationship. USCIS also publishes a FAQ on the memo.[8][9][10]
2010 August 13 Legislation Public Law 111-230 (Section 402) 111th United States Congress, President Barack Obama Additional fee of $2,000 for employers with more than 50 employees and more than 50% of their workforce either H-1B or L-1 No change No change No change The fee would apply only to petitions on postmarked on or after August 14, 2010, and until September 30, 2014.[11][12] See H-1B-dependent employer#Additional fees for more.
2010 November Fee increase Fee increases across the board as part of a regular fee increase.[13] No change No change No change
2011 January 2 Legislation Public Law 111-347 (Section 302) 111th United States Congress, President Barack Obama No change No change No change No change The end date for the increased fees imposed by P.L. 111-230 is extended from September 30, 2014 to September 30, 2015.[14][15]
2011 January 24 Proposed legislation STAPLE Act (full name: Stopping Trained in America Ph.D.s From Leaving the Economy Act) Jeff Flake (in the 112th United States Congress) No change Proposed: People with United States STEM Ph.D. degrees are exempt from the numerical H-1B caps No change No change The bill is referred on February 7, 2011 to the Subcommittee on Immigration Policy and Enforcement. There is no further progress.[16][17][18] Similar bills would be introduced in subsequent Congresses.[19]
2011 February 23 Lawsuit Palmer v. Infosys Technologies Limited (Alabama) Jack Palmer (represented by Kenneth J. Mendelsohn), lawsuit against Infosys N/A N/A N/A N/A In the lawsuit, Infosys employee Jack Palmer accuses the company of misusing the B-1 in lieu of H-1B, including misleading immigration authorities, underpaying taxes, and overbilling clients.[20] He is represented by Greg Mendelsohn and the suit is filed in the Circuit Court of Lowndes County, Alabama.[20] This happens two months after Palmer tried to raise the same issues internally within the company and was not heeded.[21][22][23] On August 20, 2012, a federal judge in Alabama dismisses the lawsuit.[24] However, federal prosecutors later pursue Infosys based on Palmer's alllegations, resulting in a $34 million settlement in October 2013 with the government, with Palmer getting part of the settlement per a federal false claims law.[25]
2011 March 3 Proposed regulation Registration Requirement for Petitioners Seeking to File H-1B Petitions on Behalf of Aliens Subject to the Numerical Limitations USCIS No change Proposed: No numerical effect, but lottery would now be run before submission of full petition No change No change USCIS proposes that petitioners complete an online registration describing petitions they want to file prior to the start of the filing season. If the number of such petitions exceeds the cap, USCIS runs its lottery before petitions are actually submitted, and informs employers whose petitions have passed the lottery, so they can then submit the full petition. The 60-day comment period for this Notice of Proposed Regulation published in the Federal Register ends on May 2.[26][27] The American Immigration Lawyers Association responds with critical comments, suggesting that the proposed regulation be put on indefinite hold until the USCIS Transformation to a paperless system is complete, and that the USCIS carefully beta test the new approach and collect stakeholder feedback before launching it widely.[28] There appears to be no further action on this proposal after May 2.
2013 March 15 Proposed legislation STAPLE Act (full name: Stopping Trained in America Ph.D.s From Leaving the Economy Act) Erik Paulsen (in the 113th United States Congress) No change Proposed: People with United States STEM Ph.D. degrees are exempt from the numerical H-1B caps No change No change The bill is referred to the Subcommittee on Immigration And Border Security on April 15, 2013. There is no further progress.[19][29] A similar bill had been introduced in the 112th United States Congress,[16] and similar bills would continue to be introduced in subsequent Congresses.
2013 March 18 Proposed legislation H-1B and L-1 Visa Reform Act (Bill) of 2013 Chuck Grassley, Sherrod Brown (in the 113th United States Congress No change No change Proposed:
Annual Department of Labor audits of companies with large number of H-1B employees
200 additional employees to administer, oversee, investigate, and enforce programs
Revised wage determination requirements
Internet posting required
Longer U.S. worker displacement protection
Prohibition on employer advertising that makes a position available only to, or gives priority to, H-1B nonimmigrants
Limit on number of H-1B and L-1 employees that an employer with 50 or more workers may hire 		No direct change, but more information-sharing with Department of Labor on fraud The Bill is referred to the Committee on the Judiciary but does not proceed further.[30][31]
2015 April 30 Proposed legislation STAPLE Act (full name: Stopping Trained in America Ph.D.s From Leaving the Economy Act) Erik Paulsen (in the 114th United States Congress No change Proposed: People with United States STEM Ph.D. degrees are exempt from the numerical H-1B caps No change No change The bill is referred to the Subcommittee on Immigration and Border Security on June 1, 2015. There is no further progress.[32][33] Similar bills had been introduced in the 112th and 113th Congress.[16][19]
2015 December 18 Legislation Public Law 114-113, part of the Consolidated Appropriations Act, 2016 Additional fee of $4,000 for employers with more than 50 employees and more than 50% of their workforce either H-1B or L-1 No change No change No change No change This applies to all petitions postmarked on or after December 18, 2015 and until September 30, 2025.[34][35] It replaces a similar $2,000 fee that applied till September 30, 2015. See H-1B-dependent employer#Additional fees for more.
2016 January 25 Lawsuit Perrero v. Disney and HCL Leo Perrero (plaintiff), Disney and HCL (defendants) N/A N/A N/A N/A Leo Perrero, a former Disney World employee, files a lawsuit in Florida against Walt Disney World and HCL for Disney firing him and other workers and using HCL to replace them, with HCL filling its labor needs using H-1B visas.[36] On May 13, Disney and HCL file motions for dismissal.[37][38] On October 13, 2016, Judge Gregory A. Presnell of the United States District Court in Orlando dismisses the lawsuit, as well as a similar lawsuit by Dena Moore filed against Disney and Cognizant Technology Solutions.[39]
2016 May 20 Lawsuit AILA v. USCIS, also known as the FOIA lawsuit American Immigration Lawyers Association (AILA) and American Immigration Council (AIC) (plaintiffs), USCIS (defendant) N/A N/A N/A N/A The American Immigration Lawyers Association files a Freedom of Information Act (FOIA)-based lawsuit against USCIS seeking more transparency into the H-1B lottery process.[40][41][42] USCIS responds on August 1, 2016, with three affirmative defenses.[41][43]
2016 June 2 Lawsuit Tenrec v. USCIS, also known as the H-1B lottery lawsuit Tenrec Inc. (employee Sergii Sinienok) and Walker Mary LLC (employee Xiaoyang Zhu) (plaintiffs), Brent Renison (plaintiff's attorney), USCIS and DHS (defendants) N/A N/A N/A N/A The lawsuit challenges the USCIS' use of a lottery to determine what filed H-1B petitions to adjudicate. Instead, it says that a lawful interpretation of the statute would require giving priority in the next year to people who applied in a given year but could not be selected due to a cap. It is filed as a class action lawsuit on behalf of anybody who has failed to be selected in at least one lottery since 2013.[44][45][46][47] In September 2016, U.S. District Court Judge Michael Simon in Oregon rejects the USCIS' motion to dismiss the lawsuit.[46] On March 17, 2017, the case is decided against the plaintiffs.[44][47] Although the plaintiffs appeal the decision with the United States Court of Appeals for the Ninth Circuit, it turns out that both plaintiffs succeed in the H-1B lottery this time, and no other employer is willing to become the lead plaintiff. A stipulated motion for voluntary dismissal of appeal is filed by all parties on June 21, 2017, and the order of dismissal is issued on June 23, 2017.[44]
2017 January 24 Proposed legislation High-Skilled Integrity and Fairness Act of 2017 Zoe Lofgren (in the 115th United States Congress) No change 20% of the cap reserved for employers with 50 or fewer full-time employees, including parent, subsidiary, and other affiliated entities. Proposed:
Wage tiers established (200% of prevailing wage, 150% of prevailing wage, 100% of prevailing wage).
Changes to penalties for employers 		Petitions considered based on wage tier (so all petitions where the wage is above 200% of prevailing wage get first preference, then petitions where it is above 150%, then petitions where it is above 100%) Referred to the Subcommittee on Immigration and Border Security on February 8, 2017. Not yet passed.[48][49][50][51][52]
2017 March 3 INS/USCIS guidance Temporary Suspension of H-1B Premium Processing USCIS Premium Processing Service no longer available, so that fee component does not apply No change No change Premium Processing Service no longer applies, so all petitions are processed in the order they are received (see USCIS processing times for more).[53][54] Petitioners can still make discretionary expedite requests subject to the usual constraints on such requests.[53][55] The suspension of Premium Processing is believed to be related to work under President Donald Trump to change the regulations and procedures surrounding immigration, as well as legislation under discussion that would alter the working of the H-1B program.[56][57][58]

H-1B annual cycle dates

The portion of this table from Fiscal Year 2014 to Fiscal Year 2017 is taken from Wikipedia's Premium Processing Service#Pre-announced delays for processing cap-subject petitions page, and is subject to the same CC-by-SA license. However, the original table was mostly constructed by the author of this Timelines wiki page.

The annual quotas for H-1B apply every Fiscal Year. A Fiscal Year begins on October 1 of the previous calendar year and ends on September 30 of the same calendar. For instance, Fiscal Year 2004 is from October 1, 2003 to September 30, 2004.

The H-1B petition is filed using Form I-129, and any Form I-129 petition can be submitted at most six months in advance of the indicated start date. Therefore, cap-subject petitions in a given Fiscal Year start on the first weekday of April (usually April 1, sometimes April 2 or April 3) of the preceding calendar year.

Starting with Fiscal Year 2006, USCIS has implemented a lottery to allocate petitions for processing if it hits the cap. According to this regulation, all petitions received before the date the USCIS hits its cap are processed, but petitions received on the day it hits the cap are run through a lottery that selects the number necessary to just hit the cap.[4]

For Fiscal Year 2008, USCIS had to close petitions after just two days of receiving petitions.[59] The heavy pressure on service centers and overnight courier services[47] at the start of cap season led to USCIS changing its process somewhat starting Fiscal Year 2009. USCIS would always wait at least the first five working days to receive petitions, and, if enough petitions were received in the first fivedays, it would put all petitions received in the first five days (not just those on the last day) through its lottery to determine which petitions would be adjudicated.[47][60] USCIS has achieved its cap after five days in every fiscal year starting Fiscal Year 2014 onward (see table below).

Due to the huge influx of petitions right around April 1, USCIS delays the countdown start for Premium Processing for cap-subject petitions received at the beginning of the filing season. Prior to Fiscal Year 2014, the delayed start date was announced retroactively, after the first week of receiving petitions; from Fiscal Year 2014 to 2017, the delays were pre-announced.

Early April is sometimes called "H-1B season", "H-1B cap season", "H-1B filing season", or "H-1B petition season", and is the subject of much informal discussion among petitioners, beneficiaries, and commentators.

There are also some other online sources tabulating H-1B cap season since the mid-2000s.[61][62]

Year for which the applications are made Date of announcement for delay in processing cap-subject petitions Date of delayed start for the 15-day countdown for Premium Processing Service Date that the USCIS opened applications Last date the USCIS accepted cap-subject petitions Lottery used to select petitions for processing?
Fiscal Year 2006 (begins October 1, 2005) N/A N/A April 1, 2005 August 10, 2005[63] No
Fiscal Year 2007 (begins October 1, 2006) N/A N/A April 3, 2006 May 26, 2006[64] Yes
Fiscal Year 2008 (begins October 1, 2007) N/A N/A April 2, 2007[59] April 3, 2007[59] Yes
Fiscal Year 2009 (begins October 1, 2008) N/A N/A April 1, 2008[60] April 7, 2008[60] Yes
Fiscal Year 2010 (begins October 1, 2009) April 20, 2009[65] April 7, 2009[65] April 1, 2009[66] December 21, 2009[67] No
Fiscal Year 2011 (begins October 1, 2010) April 8, 2010[68] April 7, 2010[68] April 1, 2010[69] January 26, 2011[70] No
Fiscal Year 2012 (begins October 1, 2011) April 8, 2011[71] April 7, 2011 April 1, 2011[72] November 22, 2011[73] No
Fiscal Year 2013 (begins October 1, 2012) N/A N/A April 2, 2012[74] June 11, 2012 (20,000 limit for petitioners with a US Masters degree reached on June 7; limit for ordinary cap-subject petitions hit on June 11)[75] No
Fiscal Year 2014 (begins October 1, 2013) March 15, 2013[76][77] April 15, 2013[76][77] April 1, 2013[76] April 5, 2013[78] Yes
Fiscal Year 2015 (begins October 1, 2014) March 25, 2014[79] April 28, 2014[79] April 1, 2014[80] April 7, 2014[81] Yes
Fiscal Year 2016 (begins October 1, 2015) March 12, 2015[82] May 11, 2015 (initially announced)[82]
Later revised to April 27, 2015[83] 		April 1, 2015[82] April 7, 2015[84] Yes
Fiscal Year 2017 (begins October 1, 2016) March 16, 2016[85] May 16, 2016 (initially announced)[85]
Later revised to May 12, 2016[86] 		April 1, 2016[85] April 7, 2016[87] Yes
Fiscal Year 2018 (begins October 1, 2017) N/A (Premium Processing suspended) N/A (Premium Processing suspended) April 3, 2017[88] April 7, 2017[89] Yes

See also

References

  1. ↑ "Digging Deeper: History of B-1 in lieu of H-1". globalworkers.org. Retrieved April 28, 2016. 
  2. ↑ Paparelli, Angelo; Wehrer, Susan (October 18, 2000). "Business Visitors from Abroad - Tips and Traps for the HR Department". Immigration Daily. Retrieved April 28, 2016. 
  3. ↑ "How Do I Use the Premium Processing Service?". United States Citizenship and Immigration Services. Retrieved April 4, 2015. 
  4. ↑ 4.0 4.1 {{cite web|url = https://www.federalregister.gov/documents/2005/05/05/05-8992/allocation-of-additional-h-1b-visas-created-by-the-h-1b-visa-reform-act-of-2004%7Ctitle = 70 FR 23775 - ALLOCATION OF ADDITIONAL H-1B VISAS CREATED BY THE H-1B VISA REFORM ACT OF 2004|date = May 5, 2005|accessdate = August 13, 2017|publisher = Federal Register
  5. ↑ "70 FR 23775 - ALLOCATION OF ADDITIONAL H-1B VISAS CREATED BY THE H-1B VISA REFORM ACT OF 2004". U.S. Government Programming Office. May 5, 2005. Retrieved August 13, 2017. 
  6. ↑ "H.R.1930 - SKIL Act of 2007". Congress.gov. April 18, 2007. Retrieved August 12, 2017. 
  7. ↑ "Federal Register, Volume 73, Number 68 (April 8, 2008)". April 2, 2008. Retrieved January 19, 2015. 
  8. ↑ Neufeld, Donald (January 8, 2010). "Determining Employer-Employee Relationships for Adjudication of H-1B Petitions, Including Third-Party Site Placements" (PDF). United States Citizenship and Immigration Services. Retrieved August 12, 2017. 
  9. ↑ "USCIS Guidance On Establishing Employer-Employee Relationship In H-1B Petitions". NAFSA. January 8, 2010. Retrieved August 12, 2017. 
  10. ↑ "Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions". United States Citizenship and Immigration Services. January 13, 2010. Retrieved August 12, 2017. 
  11. ↑ "Teleconference: Implementing Public Law 111-230". United States Citizenship and Immigration Services. Retrieved March 28, 2016. 
  12. ↑ "USCIS Implements H-1B and L-1 Fee Increase According to P.L. 111-230". United States Citizenship and Immigration Services. Retrieved March 28, 2016. 
  13. ↑ "H1B Fee Increase". H1Base. Retrieved April 5, 2015. 
  14. ↑ "Public Law 111-230 H-1B, L-1 Additional Fees Expire". United States Citizenship and Immigration Services. October 5, 2015. Retrieved March 28, 2016. 
  15. ↑ "Public Law 111-347" (PDF). United States Citizenship and Immigration Services. January 2, 2011. Retrieved August 12, 2017. 
  16. ↑ 16.0 16.1 16.2 "H.R.399 - STAPLE Act". Congress.gov. January 24, 2011. Retrieved August 13, 2017. 
  17. ↑ "H.R. 399 (112th): STAPLE Act". Govtrack.us. January 24, 2011. Retrieved August 13, 2017. 
  18. ↑ Nowrasteh, Alex (May 16, 2011). "If You Care About Immigration, You Should Care About the STAPLE Act". Retrieved August 13, 2017. 
  19. ↑ 19.0 19.1 19.2 "H.R.1227 - STAPLE Act". March 15, 2013. Retrieved August 13, 2017. 
  20. ↑ 20.0 20.1 Tennant, Don (March 15, 2011). "H-1B Visa Fraud Case Against Infosys May Be a Game Changer". IT Business Edge. Retrieved August 12, 2017. 
  21. ↑ "Jack Palmer Lawsuit Against Infosys Technologies". February 23, 2011. Retrieved August 13, 2017. 
  22. ↑ Preston, Julia; Bajaj, Vikas (June 21, 2011). "Indian Company Under Scrutiny Over U.S. Visas". Retrieved August 13, 2017. 
  23. ↑ Preston, Julia (April 13, 2012). "Whistle-Blower Claiming Visa Fraud Keeps His Job, but Not His Work". New York Times. Retrieved August 13, 2017. 
  24. ↑ Preston, Julia (August 20, 2012). "Judge Dismisses Whistle-Blower Suit Against Infosys". New York Times. Retrieved August 13, 2017. 
  25. ↑ Preston, Julia (October 30, 2013). "Deal Reached in Inquiry Into Visa Fraud at Tech Giant". New York Times. Retrieved August 13, 2017. 
  26. ↑ "Registration Requirement for Petitioners Seeking to File H-1B Petitions on Behalf of Aliens Subject to the Numerical Limitations". Federal Register. March 3, 2011. Retrieved August 13, 2017. 
  27. ↑ "USCIS Announces Proposed H-1B Electronic Registration System to Reduce Costs for U.S. Businesses". United States Citizenship and Immigration Services. March 2, 2011. Retrieved August 13, 2017. 
  28. ↑ "AILA Comments on Proposed H-1B Registration System". American Immigration Lawyers Association. May 2, 2011. Retrieved August 13, 2017. 
  29. ↑ "H.R. 1227 (113th): STAPLE Act". Govtrack.us. March 15, 2013. Retrieved Augsut 13, 2017.  Check date values in: |access-date= (help)
  30. ↑ "S.600 - H-1B and L-1 Visa Reform Act of 2013". Congress.gov. March 18, 2013. Retrieved August 13, 2017. 
  31. ↑ "S. 600 (113th): H-1B and L-1 Visa Reform Act of 2013". Govtrack.us. March 18, 2013. Retrieved August 13, 2017. 
  32. ↑ "H.R.2181 - STAPLE Act". congress.gov. April 30, 2015. Retrieved August 13, 2017. 
  33. ↑ "H.R. 2181 (114th): STAPLE Act". Govtrack.us. April 30, 2015. Retrieved August 13, 2017. 
  34. ↑ "New Law Increases H-1B and L-1 Petition Fees". United States Citizenship and Immigration Services. Retrieved March 29, 2016. 
  35. ↑ "Indian IT Companies to pay over $8,000 per visa". Retrieved March 29, 2016. 
  36. ↑ Perrero, Leo (January 25, 2016). "Verified Class Action Complaint Against HCL Inc. and Walt Disney World". Retrieved August 13, 2017. 
  37. ↑ "Defendant Walt Disney Parks and Resorts U.S. Inc's Dispositive Motion to Dismiss and Memorandum of Law". May 13, 2016. Retrieved August 13, 2017. 
  38. ↑ "HCL America, Inc.'s Dispositive Motion to Dismiss Complaint". May 13, 2016. Retrieved August 13, 2017. 
  39. ↑ Preston, Julia (October 13, 2016). "Judge Says Disney Didn't Violate Visa Laws in Layoffs". New York Times. Retrieved August 13, 2017. 
  40. ↑ Olivo, Natalie (May 23, 2016). "FOIA Suit Seeks To Peek Into 'Black Box' Of H-1B Lottery". Law360. Retrieved August 13, 2017. 
  41. ↑ 41.0 41.1 "FOIA Lawsuit on H-1B Lottery Policies and Procedures. AILA v. USCIS, et al., No. 1:16-cv-00956 (D.D.C. filed May 20, 2016)". American Immigration Council. Retrieved August 13, 2017. 
  42. ↑ "Lawsuit Seeks Transparency in H-1B Lottery Process". American Immigration Lawyers Association. May 23, 2016. Retrieved August 13, 2017. 
  43. ↑ "Defendant's Answer to Plaintiff's Claim for Declaratory and Injunctive Relief" (PDF). August 1, 2016. Retrieved August 13, 2017. 
  44. ↑ 44.0 44.1 44.2 "H-1B Lottery Lawsuit". Retrieved August 13, 2017. 
  45. ↑ Kowalski, Daniel (June 3, 2016). "H-1B Lottery Lawsuit Filed - Tenrec v. USCIS". LexisNexis. Retrieved August 13, 2017. 
  46. ↑ 46.0 46.1 Thibodeau, Patrick (September 23, 2016). "Court ruling puts future of H-1B lottery in doubt. Effort to end H-1B lottery wins key decision in a federal court on Thursday". ComputerWorld. Retrieved August 13, 2017. 
  47. ↑ 47.0 47.1 47.2 47.3 Koski, Ceridwen (March 28, 2017). "Controversial H-1B Lottery Upheld". The National Law Review. Retrieved August 13, 2017. 
  48. ↑ "H.R.670 - High-Skilled Integrity and Fairness Act of 2017". Congress.gov. January 24, 2017. Retrieved August 13, 2017. 
  49. ↑ "H.R. 670: High-Skilled Integrity and Fairness Act of 2017". American Immigration Lawyers Association. January 24, 2017. Retrieved August 13, 2017. 
  50. ↑ "H.R. 670: High-Skilled Integrity and Fairness Act of 2017". govtrack.us. 
  51. ↑ "High-Skilled Integrity and Fairness Act of 2017: Highlights of New H1B Visa Reform Bill in USA". Indian Eagle. Retrieved August 13, 2017. 
  52. ↑ Meyer, Brandon (February 8, 2017). "A Politically Feasible Approach To H-1B Reform". Retrieved August 13, 2017. 
  53. ↑ 53.0 53.1 "USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions". United States Citizenship and Immigration Services. March 3, 2017. Retrieved March 4, 2017. 
  54. ↑ "USCIS to suspend Premium Processing Service for H-1B visas from April 3". Indian Express. March 3, 2017. Retrieved March 4, 2017. 
  55. ↑ "Expedite Criteria". United States Citizenship and Immigration Services. Retrieved March 4, 2017. 
  56. ↑ Statt, Nick (March 3, 2017). "US to suspend fast processing of H-1B visas for high-skilled workers". The Verge. Retrieved March 4, 2017. 
  57. ↑ Karimi, Faith (March 4, 2017). "US suspends expedited processing of H-1B visas". CNN. Retrieved March 4, 2017. 
  58. ↑ Lawler, Richard (March 3, 2017). "US suspends 'premium processing' for H-1B visas. Heavily used by tech companies like Microsoft and Facebook, it let applicants receive an answer faster for a fee.". Engadget. Retrieved March 4, 2017. 
  59. ↑ 59.0 59.1 59.2 "USCIS Reached FY 2008 H-1B Cap" (PDF). United States Citizenship and Immigration Services. April 3, 2007. Retrieved August 12, 2017. 
  60. ↑ 60.0 60.1 60.2 "USCIS Runs Random Selection Process For H-1B Petitions". United States Citizenship and Immigration Services. April 14, 2008. Retrieved August 13, 2017. 
  61. ↑ "The H-1B Visa Program: A Primer on the Program and Its Impact on Jobs, Wages, and the Economy". American Immigration Council. April 1, 2016. Retrieved August 13, 2017. 
  62. ↑ Kumar (June 19, 2017). "H1B Visa Cap Reach Dates History 2000 to 2018 – Graph – USCIS Data". Retrieved August 13, 2017. 
  63. ↑ "USCIS Reached H-1B Cap" (PDF). United States Citizenship and Immigration Services. August 12, 2005. Retrieved August 13, 2017. 
  64. ↑ "USCIS Reaches H-1B Cap" (PDF). United States Citizenship and Immigration Services. June 1, 2006. Retrieved August 13, 2017. 
  65. ↑ 65.0 65.1 "USCIS Updates Count of FY2010 H-1B Petition Filings". United States Citizenship and Immigration Services. April 20, 2009. Retrieved August 13, 2017. 
  66. ↑ "2010 H-1B Petition Season". United States Citizenship and Immigration Services. April 8, 2009. Retrieved August 13, 2017. 
  67. ↑ "USCIS Reaches FY 2010 H-1B Cap". December 22, 2009. Retrieved August 13, 2017. 
  68. ↑ 68.0 68.1 "USCIS Continues to Accept FY 2011 H-1B Petitions". United States Citizenship and Immigration Services. April 8, 2010. Retrieved August 12, 2017. 
  69. ↑ Lindsay, James (March 9, 2010). "USCIS to Accept H-1B Petitions for Fiscal Year 2011 Beginning April 1, 2010". Lindsay & Myers. Retrieved August 12, 2017. 
  70. ↑ "USCIS Reaches FY 2011 H-1B Cap". United States Citizenship and Immigration Services. January 27, 2011. Retrieved August 12, 2017. 
  71. ↑ "USCIS Continues to Accept FY 2012 H-1B Petitions". United States Citizenship and Immigration Services. April 8, 2011. Retrieved August 12, 2017. 
  72. ↑ "USCIS to Start Accepting H-1B Petitions for FY 2012 on April 1, 2011". United States Citizenship and Immigration Services. March 18, 2011. Retrieved August 12, 2017. 
  73. ↑ "USCIS Reaches Fiscal Year 2012 H-1B Cap". United States Citizenship and Immigration Services. 
  74. ↑ "USCIS to Accept H-1B Petitions for Fiscal Year 2013 Beginning April 2, 2012". United States Citizenship and Immigration Services. March 27, 2012. Retrieved August 12, 2017. 
  75. ↑ "USCIS Reaches Fiscal Year 2013 H-1B Cap". United States Citizenship and Immigration Services. June 12, 2012. Retrieved August 12, 2017. 
  76. ↑ 76.0 76.1 76.2 "USCIS to Accept H-1B Petitions for Fiscal Year 2014 on April 1, 2013". United States Citizenship and Immigration Services. March 15, 2013. Retrieved April 20, 2015. 
  77. ↑ 77.0 77.1 "USCIS to Delay Premium Processing for H-1B Cap-Subject Petitions Until April 15, 2013". American Immigration Lawyers Association. Retrieved April 5, 2015. 
  78. ↑ "USCIS Reaches FY 2014 H-1B Cap". April 8, 2013. Retrieved April 20, 2015. 
  79. ↑ 79.0 79.1 "USCIS to Begin Premium Processing of H-1B Cap-Subject Petitions by April 28, 2014". United States Citizenship and Immigration Services. March 25, 2014. Retrieved April 20, 2015. 
  80. ↑ "USCIS to Accept H-1B Petitions for Fiscal Year 2015 Beginning April 1, 2014". United States Citizenship and Immigration Services. March 25, 2014. Retrieved April 20, 2015. 
  81. ↑ "USCIS Reaches FY 2015 H-1B Cap". United States Citizenship and Immigration Services. April 7, 2014. Retrieved April 20, 2015. 
  82. ↑ 82.0 82.1 82.2 "USCIS Will Accept H-1B Petitions for Fiscal Year 2016 Beginning April 1, 2015". United States Citizenship and Immigration Services. March 12, 2015. Retrieved April 20, 2015. 
  83. ↑ "H-1B Cap Premium Processing to Begin April 27". April 14, 2015. Retrieved June 3, 2015. 
  84. ↑ "USCIS Reaches FY 2016 H-1B Cap". United States Citizenship and Immigration Services. April 7, 2015. Retrieved April 20, 2015. 
  85. ↑ 85.0 85.1 85.2 "USCIS Will Accept H-1B Petitions for Fiscal Year 2017 Beginning April 1, 2016". United States Citizenship and Immigration Services. March 16, 2016. Retrieved March 26, 2016. 
  86. ↑ "Fiscal Year 2017 H-1B Cap Premium Processing to Begin May 12". United States Citizenship and Immigration Services. April 25, 2016. Retrieved March 4, 2017. 
  87. ↑ "USCIS Reaches FY 2017 H-1B Cap". United States Citizenship and Immigration Services. April 7, 2016. Retrieved March 4, 2017. 
  88. ↑ "USCIS Will Accept H-1B Petitions for Fiscal Year 2018 Beginning April 3". United States Citizenship and Immigration Services. March 15, 2017. Retrieved August 13, 2017. 
  89. ↑ "USCIS Reaches FY 2018 H-1B Cap". United States Citizenship and Immigration Services. April 7, 2017. Retrieved August 13, 2017. 
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