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

Latest revision as of 07:56, 8 August 2024

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	Actors	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)					This 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.
1970	April 7	Legislation	Public Law 91-225	91st United States Congress, President Richard Nixon					A new H-4 category is introduced for the spouses and minor children of H-1 workers, recognizing the use of the H-1 visa for more long-term employment.^[1]^[2]
1982		INS/USCIS guidance	In response to Matter of Srinivasan	USCIS	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.^[3]^[4]
1990	November 29	Legislation	Immigration Act of 1990	101st United States Congress, President George H. W. Bush	Only a base filing fee	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, in particular because unlike the previous H-1 visa, it allows for a dual immigrant intent, i.e., it allows people with pending green card applications to use the H-1B.^[1]^[5]
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.
2000	December 22	INS/USCIS guidance	Guidance memo on H1B computer related positions	USCIS (specifically, the Nebraska Service Center)	No change	No change	According to this guidance, intended only for the Nebraska Service Center, computer-related positions should generally be considered to qualify as a specialty occupation (being a specialty occupation is one of the requirements for a H-1B)	Terry Way, director of the Nebraska Service Center, sends a guidance memorandum to adjudication officers at the center describing how to treat computer-related positions. The guidance states: "we will generally consider the position of programmer to qualify as a specialty occupation. This will especially be true if the position involves providing clients with programming analysts, custom designs, modification, and/or problem solving software. Positions such as these are usually associated with consulting firms. However, positions strictly involving the entering or reviewing of code for an employer whose business is not computer related (does not furnish software or hardware development, production, and/or consulting) may require more careful scrutiny." The reasoning in the memo draws on the Occupational Outlook Handbook, past unpublished decisions of the Administrative Appeals Office, and past case law, such as Matter of Caron International, inc. I&N Dec. 79-1 (Comm, 1988).^[6] The memo would be rescinded in March 2017^[7] though the rescission itself would be subsequently reversed.
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.^[8]
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	April 23	INS/USCIS guidance	The Significance of a Prior CIS Approval of a Nonimmigrant Petition in the Context of a Subsequent Determination Regarding Eligibility for Extension of Petition Validity	USCIS	No change	No change	No change	The adjudication process is changed so that adjudicators are expected to give deference to prior petition approvals when the petitioner and beneficiary are the same as before.	In an interoffice memorandum, William R. Yates, Associate Director of Operations, issues new guidance to USCIS adjudicators to defer to prior adjudications with the same petitioner and beneficiary. In particular prior approvals should generally be given deference, except in cases where: (1) it is determined that there was a material error with regard to the previous petition approval; (2) a substantial change in circumstances has taken place; or (3) there is new material information that adversely impacts the petitioner’s or beneficiary’s eligibility. In general, deference is expected for subjective assessments. While this guidance affects all petitions, the H-1B category is particularly affected (and the most numerically significant), due to the 3-year limit on H-1B validity, resulting in renewal petitions that could be affected by this guidance. The memorandum also explicitly uses the H-1B when providing an illustrative example.^[9] This guidance would be rescinded in October 2017^[10] and then reinstated in April 2021.^[11]
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	January	Employment-based immigrant visa availability			N/A	N/A	N/A	N/A	This appears to be the first month in a while where EB-3 immigrant visa numbers are not current for all countries; specifically, India, China and the Philippiines have backlogs, with priority dates of January 1, 2002 or earlier being accepted.^[12] The growth of backlogs in immigrant visa availability is driven by legislative caps on the number of people per country per year who can becomes United States permanent residents. The growth in employment-based immigrant visa wait times from some countries (particularly India) would, combined with AC21, lead to a phenomenon where people would end up renewing their H-1B petitions multiple times while waiting in queue, while de facto being residents of the United States on continually renewed H-1Bs, often buying property and having children while waiting.^[13]
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.^[14]^[15]
2005	October	Employment-based immigrant visa availability			N/A	N/A	N/A	N/A	With the start of Fiscal Year 2006, there is a further retrogression in priority dates for employment-based immigrant visas, with China and India now having priority dates in the past for EB-1 and EB-2, not just EB-3.^[16] The wait times would get significantly worse over the next few years. The growth in employment-based immigrant visa wait times from some countries (particularly India) would, combined with AC21, lead to a phenomenon where people would end up renewing their H-1B petitions multiple times while waiting in queue, while de facto being residents of the United States on continually renewed H-1Bs, often buying property and having children while waiting.^[13]
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.^[17] 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 H-1B petition.^[18]
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.^[19]^[20]^[21]
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 postmarked on or after August 14, 2010, and until September 30, 2014.^[22]^[23] 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.^[24]	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.^[25]^[26]
2011	January 24	Proposed legislation	STAPLE Act (full name: Stopping Trained in America PhDs 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.^[27]^[28]^[29] Similar bills would be introduced in subsequent Congresses.^[30]
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.^[31] He is represented by Greg Mendelsohn and the suit is filed in the Circuit Court of Lowndes County, Alabama.^[31] This happens two months after Palmer tried to raise the same issues internally within the company and was not heeded.^[32]^[33]^[34] On August 20, 2012, a federal judge in Alabama dismisses the lawsuit.^[35] 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.^[36]
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.^[37]^[38] 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.^[39] The proposal would finally become practice in March 2020, with H-1B filing for Fiscal Year 2021.
2013	March 15	Proposed legislation	STAPLE Act (full name: Stopping Trained in America PhDs 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.^[30]^[40] A similar bill had been introduced in the 112th United States Congress,^[27] 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.^[41]^[42]
2015	April 30	Proposed legislation	STAPLE Act (full name: Stopping Trained in America PhDs 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.^[43]^[44] Similar bills had been introduced in the 112th and 113th Congress.^[27]^[30]
2015	December 18	Legislation	Public Law 114-113, part of the Consolidated Appropriations Act, 2016	114th United States Congress	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	This applies to all petitions postmarked on or after December 18, 2015 and until September 30, 2025.^[45]^[46] 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.^[47] On May 13, Disney and HCL file motions for dismissal.^[48]^[49] 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.^[50]
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.^[51]^[52]^[53] USCIS responds on August 1, 2016, with three affirmative defenses.^[52]^[54]
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.^[55]^[56]^[57]^[58] In September 2016, U.S. District Court Judge Michael Simon in Oregon rejects the USCIS' motion to dismiss the lawsuit.^[57] On March 17, 2017, the case is decided against the plaintiffs.^[55]^[58] 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.^[55]
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.^[59]^[60]^[61]^[62]^[63]
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).^[64]^[65] Petitioners can still make discretionary expedite requests subject to the usual constraints on such requests.^[64]^[66]	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.^[67]^[68]^[69]
2017	March 31	INS/USCIS guidance	Rescission of the December 22, 2000 “Guidance memo on H1B computer related positions”	USCIS	No change	No change	No change	End to automatic treatment of computer-related occupations as specialty occupations, making adjudication stricter	USCIS issues a Policy Memorandum PM-602-0142 rescinding the December 22, 2000 “Guidance memo on H1B computer related positions” issues by Terry Way. The memorandum applies to all USCIS employees effective immediately. This rescission effectively means that computer-related positions are no longer automatically treated as specialty occupations, and other evidence needs to be provided in the petition to establish that it is a specialty occupation. The updated guidance is claimed to be consistent with the more recent editions of the Occupational Outlook Handbook, compared to the Terry Way memorandum that had relied on the 1998-99 and 2000-01 editions.^[7] An analysis by the Bipartisal Policy Center calls this an example "of the administration’s actions to tighten the H-1B visa program" and says "The rescission memo seems to account for much of the increased number of RFEs being issued, as service centers have been directed to ask for additional evidence when they receive petitions for entry-level positions that may not necessarily require a bachelor’s degree."^[70] Effective January 30, 2021, this memorandum itself would be rescinded in light of the ninth circuit's decision in Innova Solutions v. Baran.^[7]^[71]
2017	April 18	Executive Order	Buy American and Hire American	President Donald Trump, USCIS (but more broadly Department of State, DHS, and Department of Labor)	No change	No change	No change	No immediate change, but a catalyst for stricter adjudication in the coming months and years	President Donald Trump issues Executive Order 13788 "Buy American and Hire American". Section 5(b) of the proclamation says: "In order to promote the proper functioning of the H-1B visa program, the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security shall, as soon as practicable, suggest reforms to help ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries."^[72] USCIS would later put up a page describing its efforts to implement the order.^[73] Among other things, this would include H-1B datasets including the H-1B Employer Data Hub (see row for that) as well as a page describing efforts to combat H-1B fraud, including an online tip form for reporting suspected fraud, protections for those reporting suspected fraud, and an expansion of site visits.^[74]
2017	October 23	INS/USCIS guidance	Rescission of Guidance Regarding Deference to Prior Determinations of Eligibility in the Adjudication of Petitions for Extension of Nonimmigrant Status	USCIS	No change	No change	No change	Stricter adjudication and greater burden of proof on petitioner	USCIS rescinds its April 23, 2004 memorandum titled “The Significance of a Prior CIS Approval of a Nonimmigrant Petition in the Context of a Subsequent Determination Regarding Eligibility for Extension of Petition Validity” and section VII of the August 17, 2015 policy memorandum titled “L-1B Adjudications Policy.” With this rescission, USCIS places the burden of proof on the petitioner to demonstrate eligibility for the benefit every time, even for renewals, and reduces the burden on adjudicators to review past petitions to determine the extent of similarity or overlap with the existing petition. Though H-1B is not called out by name in this memorandum, it is one of the affected categories, given the 3-year limit on H-1B with the possibility of renewal; the original 2004 memorandum did mention H-1B in one of its illustrative examples.^[10] An analysis by the Bipartisan Policy Center says: "This has contributed to the increased level of RFEs or denials issued to cases seeking to renew an existing H-1B petition over the past two years" and calls the memo an example "of the administration’s actions to tighten the H-1B visa program."^[70]
2019	April 1	Data	H-1B Employer Data Hub	USCIS	No change	No change	No change	No change	USCIS launches its H-1B Employer Data Hub, that it says is "to provide information to the public on employers petitioning for H-1B workers. The data hub is part of our continued effort to increase transparency in employment-based visa programs by allowing the public to search for H-1B petitioners by fiscal year (back to FY 2009), NAICS code, employer name, city, state, or ZIP code. This will give the public the ability to calculate approval and denial rates and to review which employers are using the H-1B program."^[75] This data is used by third parties to calculate patterns and trends in denial rates.^[76]
2019	June	INS/USCIS guidance	Reinstatement of Premium Processing for H-1B	USCIS	Premium Processing availability resumes, with no fee change.	No change	No change	Premium Processing now available for cap-subject petitions, starting in late May or early June depending on the type of petition.	Start date for Premium Processing countdown is May 20, 2019 for cap-subject change of status petitions,^[77] and June 10, 2019 for other cap-subject petitions (precise date announced June 7, 2019).^[78]
2019	July 17	INS/USCIS guidance	Release of records in response to FOIA request	USCIS	N/A	N/A	N/A	N/A	In response to two Freedom of Information Act (FOIA) requests from the American Immigration Lawyers Association (AILA) on September 21, 2017 and April 24, 2018, and a lawsuit filed by AILA on June 11, 2018, after USCIS's failure to comply with the FOIA requests, USCIS provides documents to AILA. The initial document production in August 2018, that USCIS deems to be the most it can offer, is rejected by AILA as insufficient, and in response, USCIS releases additional records between October 2018 and July 2019. July 17, 2019 is the date on which the AILA considers the documents produced sufficient to address its requests, and the lawsuit is settled in August 2019.^[79] An article in Forbes looks at these documents in the context of the Trump administration's "Buy American and Hire American" initiative and the significant increase in rates of Request for Evidence (RFE) since 2017.^[80]
2019	November 30, December 2	Lawsuits, data	Database of H-1B lawsuits		N/A	N/A	N/A	N/A	In an interview on the Reveal podcast on November 30, Sinduja Rangarajan talks about the database of H-1B lawsuits that she has been building in collaboration with others including Reveal as well as Cornell University Law professor Stephen Yale-Loehr and law student Hun Lee, and how the frequency of lawsuits has increased a lot since the Trump administration. Rangarajan notes that in many cases, filing a lawsuit causes the USCIS to reverse its decision before the lawsuit reaches trial; her database also indicates that there has been an increase in overturning of denials by the USCIS Adminstrative Appeals Office. Rangarajan explains how Trump's "Buy American and Hire American" executive order and its effect on USCIS practice.^[13] An article by Rangarajan on December 2 provides more related information.^[81]
2019	December 6	INS/USCIS guidance	H-1B Electronic Registration Process	USCIS	Additional $10 fee for registration for cap-subject petitions, including petitions that do not get selected in the lottery	No change	No change	Change in lottery system to select petitioners, but not to adjudication process itself	Starting with fiscal year 2021, USCIS moves its lottery system to before the filing of petitions. Between March 1 and March 20, prospective petitioners (known as "registrants") must file an online application with USCIS, including basic information on the petition. All registrants who apply within this timeframe would then go through the lottery process, with registrants learning by March 31 whether they were selected. Selected registrants may file H-1B petitions by June 30.^[82]^[83]
2020	June 22	Executive Order	Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak	President Donald Trump	No change	No change	No change	No change	In light of increased unemployment levels following the COVID-19 pandemic in the United States, United States President Donald Trump issues a presidential proclamation suspending the issuance of new visas in many categories, including H-1B, by United States consulates, till the end of 2020. Existing visas would continue to be honored, and H-1B adjudications by USCIS would continue. The effective impact is that only people already in the United States would be able to transition to or extend H-1B status, and would not be able to travel outside the United States unless they already have a valid visa.^[84]^[85]
2020	December 16	Lawsuit	Innova Solutions v. Baran	Innova Solutions (plaintiff), Kathy A. Baran (director of California Service Center) (defendant) and by implication USCIS	No change	No change	No change	This would lead USCIS to reinstatement the December 22, 2000 Terry Way guidance memo on computer related positions (the reinstatement would happen on January 30, 2021)	In Innova Solutions v. Baran, Innova Solutions sues Kathy A. Baran, director of the California Service Center of the USCIS, for denying the H-1B petition for Dilip Dodda, a citizen of India with a bachelor's degree, for work as a computer programmer. The USCIS's reasoning is that the position does not qualify as a specialty occupation; this is building on the rescission in March 2017 of the Terry Way memo whose guidance had been that computer-related positions should be considered specialty occupations in most cases. The verdict of the United States Court of Appeals for the Ninth Circuit rejects the USCIS's reasoning, considering that the Occupational Outlook Handbook, that USCIS cites for support of its reasoning, contradicts USCIS. The verdict is critical of USCIS of equivocating "normally" to "always" and rejecting its synonymity with "typical".^[86] This would lead USCIS to reverse its March 2017 rescission of the Terry Way guidance memo from December 22, 2000 according to which computer-related positions should (with some exceptions) be treated as specialty occupations.^[7]
2021	January 30	INS/USCIS guidance	Reinstatement of the December 22, 2000 “Guidance memo on H1B computer related positions”	USCIS	No change	No change	No change	Computer-related positions resume being considered a specialty occupation	Based on the 9th circuit decision in Innova Solutions v. Baran, USCIS rescinds its rescission of the December 22, 2000 Terry Way memo "Guidance memo on H1B computer related positions" and reinstates the original memo.^[7] The American Immigration Lawyers Association lists this change in the list of "proposed and promulgated changes to immigration-related regulations and policies issued during the first 100 days of the Biden administration."^[87]
2021	February 2	Executive Order	Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans	President Joe Biden	No change	No change	No change	No immediate change (but leading up to changes that make the adjudication process less strict overall)	Shortly after assuming the presidency of the United States, Joe Biden issues an executive order that essentially seeks to return the legal immigration system (mostly) to the pre-Trump status quo.^[88] Though the H-1B is not referenced by name, the Section 3(a)(i) of the executive order, that asks DHS to "identify barriers that impede access to immigration benefits and fair, efficient adjudications of these benefits and make recommendations on how to remove these barriers, as appropriate and consistent with applicable law" would be cited in USCIS guidance reversing guidance issued during the Trump administration.^[11]
2021	April 27	INS/USCIS guidance	Policy Guidance on Deference to Previous Decisions	USCIS	No change	No change	No change	The policy of deferring to prior approvals, originally introduced in April 2004 and then rescinded in October 2017, is reinstated.	In accordance with President Joe Biden's executive order, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, USCIS reinstates a policy of deferring to prior approvals in cases where the petitioner and beneficiary are the same as before.^[11] This policy, originally introduced on April 23, 2004,^[9] had been rescinded on October 23, 2017 by USCIS,^[10] a move that had been seen as part of USCIS's efforts to comply with Donald Trump's executive order by making the adjudication process stricter.^[70] The reinstatement of the original policy is consistent with broader efforts by the Biden administration to return the H-1B processing to the pre-Trump status quo.^[71]

H-1B petition data

Data from USCIS on petitions and approvals

This data is pieced together from the "Program Reports: H-1B" section of the Reports and Studies page on the USCIS website.^[89] Data for the last column is not available for all years. From 2019 to 2020, there was a slight methodology change; a footnote explains: "Beginning in FY 2020, only petitions filed during a given fiscal year are counted in the number of petitions filed. This differs from prior year reports which reported data that were current at the time that the database was queried."

As can be seen from the numbers here, the number of H-1B petitions filed as well as the number approved per fiscal year is significantly greater than the total cap of cap-subject H-1Bs (65,000 + 20,000 including the masters exemption). The difference is made up by both petitions corresponding to employers exempt from the cap (educational, nonprofit, and research organizations) and petitions from people who (a) had been cap-subject in the past, got selected, and have not yet exhausted the 6-year total under their cap, or (b) have a pending or approved Form I-140 and are therefore eligible for unlimited H-1B renewals while waiting for their immigrant visa or green card. (b) in particular is a growing category, particularly for people from India, due to the increasing backlog in immigrant visa availability.

Fiscal year	Number of petitions filed in the fiscal year	Number of petitions approved in the fiscal year	Number of petitions filed and approved in the fiscal year (remaining approvals are from prior fiscal years)
2000^[90]	299,046	257,640
2001^[90]	342,035	331,206
2002^[90]	215,190	197,537
2003^[90]	231,030	217,340
2004^[90]	312,200	287,418	240,245
2005^[91]	266,474	267,131	212,100
2006^[92]	295,915	270,981	227,611
2007^[93]	304,877	281,444	239,307
2008^[94]	288,764	276,252	239,936
2009^[95]	246,647	214,271	191,712
2010^[96]	247,617	192,990	171,754
2011^[97]	267,654	269,653	207,915
2012^[98]	307,713	262,569	216,974
2013^[99]	299,467	286,773	219,147
2014^[100]	318,824	315,857	258,447
2015^[101]	348,669	275,317
2016^[102]	398,718	345,262
2017^[103] (note: the annual reports for fiscal year 2020 onward report slightly different values due to change in methodology)	403,675	365,682
2018^[104] (note: the annual reports for fiscal year 2020 onward report slightly different values due to change in methodology)	418,799	332,358
2019^[105] (note: the annual reports for fiscal year 2020 onward report slightly different values due to change in methodology)	420,549	388,403
2020^[106]	427,245	426,710
2021^[107]	398,269	407,071
2022^[108]	474,301	442,043
2023^[109]	386,584	386,340

H-1B annual cycle dates

Data fiscal year 2021 onward

Fiscal year 2021 was the first year that the USCIS moved its lottery selection to before the start date of filing.^[83] We'll make a table here once we have at least two years of data on the new lottery system, as we'll have a clearer idea then what dates can vary year-over-year.

Due to the COVID-19 pandemic in the United States, the USCIS announced on March 20, 2020 that Premium Processing Service would be suspended for all petitions (for both Form I-129 and I-140) effective immediately, and any requests not already accepted would be returned, along with the payment being returned. Already submitted requests for Premium Processing would be refunded if the USCIS failed to take action on the case within the promised 15-day period.^[110] This follows a previous announcement of temporary suspension of Premium Processing for cap-subject H-1B petitions for fiscal year 2021, with the earliest possible date of resumption of Premium Processing for that category being June 29, 2020.^[111]

Data fiscal year 2006 to fiscal year 2020 (after the H-1B Visa Reform Act of 2004; no major legislative changes)

The annual caps for H-1B (65,000 regular cap-subject, 20,000 for people with U.S. Masters degrees) 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. 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.

Starting with fiscal year 2006, USCIS has implemented a lottery to determine what petitions to adjudicate 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.^[14]

For fiscal year 2008, USCIS had to close petitions after just two days of receiving petitions.^[112] The heavy pressure on service centers and overnight courier services^[58] at the start of cap season led to USCIS changing its process somewhat starting fiscal year 2009. USCIS would now wait at least the first five working days of April to receive petitions, and, if enough petitions were received in the first five days, 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.^[58]^[113] 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, for fiscal years 2014 through 2017, pre-announced delays in the beginning of countdown for Premium Processing Service; the 15-day countdown for petitions submitted between April 1 and this delayed start date would start on the delayed start date, rather than the date the petition was received. For fiscal years 2018 and 2019, Premium Processing Service was suspended entirely during the cap season.

Fiscal year	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	Last date the USCIS accepted petitions for the 20,000 masters degree positions	Lottery used to select petitions for processing?	Number of petitions received in initial period, if available (5 days starting FY 2009)
Fiscal year 2006 (begins October 1, 2005)	N/A	N/A	April 1, 2005	August 10, 2005^[114]	January 17, 2006^[115]	Only for last-day petitions	N/A
Fiscal year 2007 (begins October 1, 2006)	N/A	N/A	April 3, 2006	May 26, 2006^[116]	July 26, 2006^[115]	Only for last-day petitios	N/A
Fiscal year 2008 (begins October 1, 2007)	N/A	N/A	April 2, 2007^[112]	April 3, 2007^[112]	April 30, 2007^[117]	Only for last-day petitions	150,000 by afternoon of April 2
Fiscal year 2009 (begins October 1, 2008)	April 14, 2008^[113]	April 14, 2008^[113]	April 1, 2008^[113]	April 7, 2008^[113]	April 7, 2008^[113]	Yes	163,000
Fiscal year 2010 (begins October 1, 2009)	April 20, 2009^[118]	April 7, 2009^[118]	April 1, 2009^[119]	December 21, 2009^[120]	July 9, 2009^[115]	Only for last-day petitions	N/A
Fiscal year 2011 (begins October 1, 2010)	April 8, 2010^[121]	April 7, 2010^[121]	April 1, 2010^[122]	January 26, 2011^[123]	December 22, 2010^[115]	Only for last-day petitions	N/A
Fiscal year 2012 (begins October 1, 2011)	April 8, 2011^[124]	April 7, 2011^[124]	April 1, 2011^[125]	November 22, 2011^[126]	October 19, 2011^[115]	Only for last-day petitions	N/A
Fiscal year 2013 (begins October 1, 2012)	N/A	N/A	April 2, 2012^[127]	June 11, 2012^[128]	June 7, 2012^[128]^[115]	No	N/A
Fiscal year 2014 (begins October 1, 2013)	March 15, 2013^[129]^[130]	April 15, 2013^[129]^[130]	April 1, 2013^[129]	April 5, 2013^[131]	April 5, 2013^[131]	Yes	124,000^[131]
Fiscal year 2015 (begins October 1, 2014)	March 25, 2014^[132]	April 28, 2014^[132]	April 1, 2014^[133]	April 7, 2014^[134]	April 7, 2014^[134]	Yes	172,500 (non-official source)^[115]
Fiscal year 2016 (begins October 1, 2015)	March 12, 2015^[135]	May 11, 2015 (initially announced)^[135] Later revised to April 27, 2015^[136]	April 1, 2015^[135]	April 7, 2015^[137]	April 7, 2015^[137]	Yes	233,000 (non-official source)^[115]
Fiscal year 2017 (begins October 1, 2016)	March 16, 2016^[138]	May 16, 2016 (initially announced)^[138] Later revised to May 12, 2016^[139]	April 1, 2016^[138]	April 7, 2016^[140]	April 7, 2016^[140]	Yes	??
Fiscal year 2018 (begins October 1, 2017)	N/A (Premium Processing suspended)	N/A (Premium Processing suspended)	April 3, 2017^[141]	April 7, 2017^[142]	April 7, 2017^[142]	Yes	??
Fiscal year 2019 (begins October 1, 2018)	N/A (Premium Processing suspended)	N/A (Premium Processing suspended)	April 2, 2018^[143]	April 6, 2018^[144]	April 6, 2018^[144]	Yes	??
Fiscal year 2020 (begins October 1, 2019)	March 19, 2019^[145]	May 20, 2019 for cap-subject change of status petitions;^[146] June 10, 2019 for other cap-subject petitions (precise date announced June 7, 2019)^[147]	April 1, 2019^[145]	April 5, 2019^[148]	April 5, 2019^[148]	Yes	??

There are also some other online sources tabulating H-1B cap season since the mid-2000s.^[149]^[150]^[115]

Data before Fiscal year 2006

This period was characterized by significant flux in caps as well as the way petitions count toward the cap. Notes explaining the reason for changes in numbers are included. See the #Full timeline for more context on the specific changes. Data is from the United States Chamber of Commerce.^[115]

Fiscal year	Cap	Number used	Date cap reached	Explanation of changes to cap	Explanation of changes to number used or date cap reached
Fiscal year 1992 (begins October 1, 1991)	65,000	48,600	N/A	N/A	N/A
Fiscal year 1993 (begins October 1, 1992)	65,000	61,600	N/A	N/A	N/A
Fiscal year 1994 (begins October 1, 1993)	65,000	60,300	N/A	N/A	N/A
Fiscal year 1995 (begins October 1, 1994)	65,000	54,200	N/A	N/A	N/A
Fiscal year 1996 (begins October 1, 1995)	65,000	55,100	N/A	N/A	N/A
Fiscal year 1997 (begins October 1, 1996)	65,000	65,000	September 1, 1997	N/A	N/A
Fiscal year 1998 (begins October 1, 1997)	65,000	65,000	May 1, 1998	N/A	N/A
Fiscal year 1999 (begins October 1, 1998)	115,000	115,000	June 15, 1999	American Competitiveness and Workforce Improvement Act (ACWIA) temporarily increases cap	Increased demand for programmers due to the dot-com bubble
Fiscal year 2000 (begins October 1, 1999)	115,000	115,000	July 21, 2000	N/A	N/A
Fiscal year 2001 (begins October 1, 2000)	195,000	163,600	N/A	American Competitiveness in the 21st Century Act (AC21) temporary increases cap	N/A
Fiscal year 2002 (begins October 1, 2001)	195,000	79,100	N/A	N/A	Two effects. First, the various provisions of AC21 that mean fewer petitions (including change of job, and petitions by nonprofit research institutions) count toward the cap. Second, the dot-com bubble gives way to the early 2000s recession
Fiscal year 2003 (begins October 1, 2002)	195,000	78,000	N/A	N/A	N/A
Fiscal year 2004 (begins October 1, 2003)	65,000	65,000	February 17, 2004	Cap returns to normal after temporary increases due to ACWIA and AC21 expire	N/A
Fiscal year 2005 (begins October 1, 2004)	65,000	65,000	October 10, 2004	Note that although the H-1B Visa Reform Act of 2004, adding 20,000 slots for people with United States Masters degrees, is passed in December 2004, during this Fiscal year, it looks like this gets activated only the next year, in Fiscal year 2006. There is some uncertainty around this.	N/A

Visual data

Google Trends

The image below shows Google Trends data for H-1B visa (Topic), from January 2004 to March 2021, when the screenshot was taken. Interest is also ranked by country and displayed on world map. Interest peaks annually during the H-1B filing season, which is during the calendar months of March and April. Interest was higher in 2017 (corresponding to filing for fiscal year 2018) due to proposals for major rule changes after the election of Donald Trump.^[151]

Wikipedia pageviews

The graph below shows Wikipedia pageviews for the H-1B visa until July 2024, the most recent completed month when the screenshot was last updated. Desktop pageviews are available since December 2007; pageviews from other platforms are only available starting July 2015.^[152]

Interest peaks annually during the H-1B filing season, which is during the calendar months of March and April. Interest was higher in 2017 (corresponding to filing for fiscal year 2018) due to proposals for major rule changes after the election of Donald Trump.

References

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[h-1b-report-2004-90] 90.0 ^90.1 ^90.2 ^90.3 ^90.4 "Report on H-1B Petitions Fiscal Year 2004 Annual Report October 1, 2003 – September 30, 2004" (PDF). United States Citizenship and Immigration Services. Retrieved August 4, 2024.

[h-1b-report-2005-91] "Report on H-1B Petitions Fiscal Year 2005 Annual Report October 1, 2004 – September 30, 2005" (PDF). United States Citizenship and Immigration Services. Retrieved August 4, 2024.

[h-1b-report-2006-92] "Report on H-1B Petitions Fiscal Year 2006 Annual Report October 1, 2005 – September 30, 2006" (PDF). United States Citizenship and Immigration Services. Retrieved August 4, 2024.

[h-1b-report-2007-93] "Report on H-1B Petitions Fiscal Year 2007 Annual Report October 1, 2006 – September 30, 2007" (PDF). United States Citizenship and Immigration Services. Retrieved August 4, 2024.

[h-1b-report-2008-94] "Report on H-1B Petitions Fiscal Year 2008 Annual Report October 1, 2007 – September 30, 2008" (PDF). United States Citizenship and Immigration Services. Retrieved August 4, 2024.

[h-1b-report-2009-95] "Report on H-1B Petitions Fiscal Year 2009 Annual Report October 1, 2008 – September 30, 2009" (PDF). United States Citizenship and Immigration Services. Retrieved August 4, 2024.

[h-1b-report-2010-96] "Report on H-1B Petitions Fiscal Year 2010 Annual Report October 1, 2009 – September 30, 2010" (PDF). United States Citizenship and Immigration Services. Retrieved August 4, 2024.

[h-1b-report-2011-97] "Report on H-1B Petitions Fiscal Year 2011 Annual Report to Congress October 1, 2010 – September 30, 2011" (PDF). United States Citizenship and Immigration Services. Retrieved August 4, 2024.

[h-1b-report-2012-98] "Report on H-1B Petitions Fiscal Year 2012 Annual Report to Congress October 1, 2011 – September 30, 2012" (PDF). United States Citizenship and Immigration Services. Retrieved August 4, 2024.

[h-1b-report-2013-99] "Report on H-1B Petitions Fiscal Year 2013 Annual Report to Congress October 1, 2012 – September 30, 2013" (PDF). United States Citizenship and Immigration Services. Retrieved August 4, 2024.

[h-1b-report-2014-100] "Report on H-1B Petitions Fiscal Year 2014 Annual Report to Congress October 1, 2013 – September 30, 2014" (PDF). United States Citizenship and Immigration Services. Retrieved August 4, 2024.

[h-1b-report-2015-101] "Report on H-1B Petitions Fiscal Year 2015 Annual Report to Congress October 1, 2014 – September 30, 2015" (PDF). United States Citizenship and Immigration Services. February 16, 2016. Retrieved August 4, 2024.

[h-1b-report-2016-102] "Report on H-1B Petitions Fiscal Year 2016 Annual Report to Congress October 1, 2015 - September 30, 2016" (PDF). United States Citizenship and Immigration Services. Retrieved August 4, 2024.

[h-1b-report-2017-103] "Report on H-1B Petitions Fiscal Year 2017 Annual Report to Congress October 1, 2016 – September 30, 2017" (PDF). United States Citizenship and Immigration Services. April 9, 2018. Retrieved August 4, 2024.

[h-1b-report-2018-104] "Report on H-1B Petitions Fiscal Year 2018 Annual Report to Congress October 1, 2017 - September 30, 2018" (PDF). United States Citizenship and Immigration Services. March 18, 2019. Retrieved August 4, 2024.

[h-1b-report-2019-105] "Report on H-1B Petitions Fiscal Year 2019 Annual Report to Congress October 1, 2018 - September 30, 2019" (PDF). United States Citizenship and Immigration Services. Retrieved August 4, 2024.

[h-1b-report-2020-106] "Report on H-1B Petitions Fiscal Year 2020 Annual Report to Congress October 1, 2019 – September 30, 2020" (PDF). United States Citizenship and Immigration Services. Retrieved August 4, 2024.

[h-1b-report-2021-107] "Report on H-1B Petitions Fiscal Year 2021 Annual Report to Congress October 1, 2020 – September 30, 2021" (PDF). United States Citizenship and Immigration Services. February 9, 2022. Retrieved August 4, 2024.

[h-1b-report-2022-108] "Report on H-1B Petitions Fiscal Year 2022 Annual Report to Congress October 1, 2021 – September 30, 2022" (PDF). United States Citizenship and Immigration Services. February 22, 2023. Retrieved August 4, 2024.

[h-1b-report-2023-109] "Fiscal Year 2023: H-1B Petitions Annual Report to Congress October 1, 2022 - September 30, 2023" (PDF). United States Citizenship and Immigration Services. February 7, 2024. Retrieved August 4, 2024.

[110] "USCIS Announces Temporary Suspension of Premium Processing for All I-129 and I-140 Petitions Due to the Coronavirus Pandemic". United States Citizenship and Immigration Services. March 20, 2020. Retrieved March 28, 2020.

[111] "USCIS Announces Temporary Suspension of Premium Processing for FY2021 Cap-Subject Petitions". United States Citizenship and Immigration Services. March 16, 2020. Retrieved March 28, 2020.

[fy-08-h-1b-lottery-112] 112.0 ^112.1 ^112.2 "USCIS Reached FY 2008 H-1B Cap" (PDF). United States Citizenship and Immigration Services. April 3, 2007. Archived from the original (PDF) on August 28, 2018. Retrieved August 12, 2017.

[fy-09-h-1b-lottery-113] 113.0 ^113.1 ^113.2 ^113.3 ^113.4 ^113.5 "USCIS Runs Random Selection Process For H-1B Petitions". United States Citizenship and Immigration Services. April 14, 2008. Retrieved March 19, 2022.

[114] "USCIS Reached H-1B Cap" (PDF). United States Citizenship and Immigration Services. August 12, 2005. Archived from the original (PDF) on August 24, 2019. Retrieved March 19, 2022.

[Lottery_Data-115] 115.0 ^115.1 ^115.2 ^115.3 ^115.4 ^115.5 ^115.6 ^115.7 ^115.8 ^115.9 "H-1B Petition Data FY1992 – Present" (PDF). Retrieved March 19, 2022.

[116] "USCIS Reaches H-1B Cap" (PDF). United States Citizenship and Immigration Services. June 1, 2006. Archived from the original (PDF) on August 24, 2019. Retrieved March 19, 2022.

[117] "USCIS REACHES H-1B EXEMPTION CAP FOR FISCAL YEAR 2008: 20,000 Slots Reserved for Aliens with Master's Degrees or Higher Exhausted" (PDF). United States Citizenship and Immigration Services. May 4, 2007. Retrieved March 19, 2022.

[fy-2010-pps-update-118] 118.0 ^118.1 "USCIS Updates Count of FY2010 H-1B Petition Filings". United States Citizenship and Immigration Services. April 20, 2009. Archived from the original on August 24, 2019. Retrieved March 19, 2022.

[119] "2010 H-1B Petition Season". United States Citizenship and Immigration Services. April 8, 2009. Archived from the original on March 19, 2022. Retrieved March 19, 2022.

[120] "USCIS Reaches FY 2010 H-1B Cap". December 22, 2009. Archived from the original on August 24, 2019. Retrieved March 19, 2022.

[fy-2011-pps-update-121] 121.0 ^121.1 "USCIS Continues to Accept FY 2011 H-1B Petitions". United States Citizenship and Immigration Services. April 8, 2010. Archived from the original on August 24, 2019. Retrieved August 12, 2017.

[122] 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.

[123] "USCIS Reaches FY 2011 H-1B Cap". United States Citizenship and Immigration Services. January 27, 2011. Retrieved August 12, 2017.

[fy-12-continued-acceptance-124] 124.0 ^124.1 "USCIS Continues to Accept FY 2012 H-1B Petitions". United States Citizenship and Immigration Services. April 8, 2011. Retrieved August 12, 2017.

[125] "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.

[126] "USCIS Reaches Fiscal year 2012 H-1B Cap". United States Citizenship and Immigration Services.

[fy-13-h-1b-announcement-127] "USCIS to Accept H-1B Petitions for Fiscal year 2013 Beginning April 2, 2012". United States Citizenship and Immigration Services. March 27, 2012. Retrieved March 19, 2022.

[fy-13-cap-reached-128] 128.0 ^128.1 "USCIS Reaches Fiscal year 2013 H-1B Cap". United States Citizenship and Immigration Services. June 12, 2012. Retrieved March 19, 2022.

[fy-14-h-1b-announcement-129] 129.0 ^129.1 ^129.2 "USCIS to Accept H-1B Petitions for Fiscal year 2014 on April 1, 2013". United States Citizenship and Immigration Services. March 15, 2013. Retrieved March 19, 2022.

[aila-h-1b-pps-delay-130] 130.0 ^130.1 "USCIS to Delay Premium Processing for H-1B Cap-Subject Petitions Until April 15, 2013". American Immigration Lawyers Association. Retrieved April 5, 2015.

[fy-14-cap-reached-131] 131.0 ^131.1 ^131.2 "USCIS Reaches FY 2014 H-1B Cap". April 8, 2013. Retrieved March 19, 2022.

[fy-15-h-1b-pps-delay-announcement-132] 132.0 ^132.1 "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 March 19, 2022.

[133] "USCIS to Accept H-1B Petitions for Fiscal year 2015 Beginning April 1, 2014". United States Citizenship and Immigration Services. March 25, 2014. Retrieved March 19, 2022.

[fy-15-cap-reached-134] 134.0 ^134.1 "USCIS Reaches FY 2015 H-1B Cap". United States Citizenship and Immigration Services. April 7, 2014. Retrieved March 19, 2022.

[fy-16-h-1b-announcement-135] 135.0 ^135.1 ^135.2 "USCIS Will Accept H-1B Petitions for Fiscal year 2016 Beginning April 1, 2015". United States Citizenship and Immigration Services. March 12, 2015. Retrieved March 19, 2022.

[136] "H-1B Cap Premium Processing to Begin April 27". April 14, 2015. Retrieved March 19, 2022.

[fy-16-cap-reached-137] 137.0 ^137.1 "USCIS Reaches FY 2016 H-1B Cap". United States Citizenship and Immigration Services. April 7, 2015. Retrieved April 20, 2015.

[fy-17-h-1b-announcement-138] 138.0 ^138.1 ^138.2 "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 19, 2022.

[139] "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.

[fy-17-cap-reached-140] 140.0 ^140.1 "USCIS Reaches FY 2017 H-1B Cap". United States Citizenship and Immigration Services. April 7, 2016. Retrieved March 4, 2017.

[141] "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.

[fy-18-cap-reached-142] 142.0 ^142.1 "USCIS Reaches FY 2018 H-1B Cap". United States Citizenship and Immigration Services. April 7, 2017. Retrieved March 19, 2022.

[143] "USCIS Will Temporarily Suspend Premium Processing for Fiscal year 2019 H-1B Cap Petitions". United States Citizenship and Immigration Services. March 20, 2018. Retrieved March 19, 2022.

[fy-19-cap-reached-144] 144.0 ^144.1 "USCIS Reaches FY 2019 H-1B Cap". United States Citizenship and Immigration Services. April 6, 2018. Retrieved March 19, 2022.

[fy-20-h-1b-announcement-145] 145.0 ^145.1 "USCIS Announces FY 2020 H-1B Cap Season Start, Updates, and Changes". United States Citizenship and Immigration Services. March 19, 2019. Retrieved March 19, 2022.

[146] "Premium Processing Begins for Certain Cap-Subject H-1B Petitions on May 20". United States Citizenship and Immigration Services. March 29, 2019. Retrieved March 19, 2022.

[147] "Premium Processing Begins for Remaining H-1B Cap-Subject Petitions on June 10". United States Citizenship and Immigration Services. June 7, 2019. Retrieved January 25, 2020.

[fy-20-cap-reached-148] 148.0 ^148.1 "USCIS Reaches FY 2020 H-1B Regular Cap". United States Citizenship and Immigration Services. April 5, 2019. Retrieved January 25, 2020.

[aic-h-1b-fact-sheet-149] "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.

[redbus2us-cap-reach-dates-150] Kumar (June 19, 2017). "H1B Visa Cap Reach Dates History 2000 to 2018 – Graph – USCIS Data". Retrieved August 13, 2017.

[151] "H-1B visa". Google Trends. Retrieved 14 March 2021.

[h-1b-wv-152] "H-1B visa Wikipedia pageviews". Wikipedia Views. Retrieved April 22, 2020.

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

Latest revision as of 07:56, 8 August 2024

Contents

Full timeline

H-1B petition data

Data from USCIS on petitions and approvals

H-1B annual cycle dates

Data fiscal year 2021 onward

Data fiscal year 2006 to fiscal year 2020 (after the H-1B Visa Reform Act of 2004; no major legislative changes)

Data before Fiscal year 2006

Visual data

Google Trends

Wikipedia pageviews

See also

References

Navigation menu

Personal tools

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@@ Line 4: / Line 4: @@
 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.
 {| class="wikitable sortable"
-! 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
+! Year !! Month and date (if available) !! Event type !! Event name !! Actors !! Effect on fees !! Effect on cap !! Effect on LCA attestations and DOL investigative authority !! Effect on adjudication process !! Details
 |-
-| 1952 || June 27 || Legislation || {{w|Immigration and Nationality Act of 1952}} || {{w|82nd United States Congress}}, President {{w|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.
+| 1952 || June 27 || Legislation || {{w|Immigration and Nationality Act of 1952}} || {{w|82nd United States Congress}}, President {{w|Harry S. Truman}} (vetoed but overridden) || || || || || This 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 {{w|Immigration and Naturalization Services}} (INS, the precursor to {{w|United States Citizenship and Immigration Services}}) provides guidance regarding issuance of [[w:B visa in lieu of other visas|B-1 in lieu of H-1]].<ref name=globalworkers>{{cite web|url = http://globalworkers.org/digging-deeper-history-b-1-lieu-h-1|title = Digging Deeper: History of B-1 in lieu of H-1|publisher = globalworkers.org|accessdate = April 28, 2016}}</ref><ref name=ilw-wehrer>{{cite web|url = http://www.ilw.com/articles/2000,1018_Wehrer.shtm|title = Business Visitors from Abroad - Tips and Traps for the HR Department|date = October 18, 2000|last = Paparelli|first = Angelo|last2 = Wehrer|first2 = Susan|accessdate = April 28, 2016|publisher = Immigration Daily}}</ref>
+| 1970 || April 7 || Legislation || Public Law 91-225 || {{w|91st United States Congress}}, President {{w|Richard Nixon}} || || || || || A new H-4 category is introduced for the spouses and minor children of H-1 workers, recognizing the use of the H-1 visa for more long-term employment.<ref name=cato-h-4>{{cite web|url = https://www.cato.org/blog/facts-about-h-4-visas-spouses-h-1b-workers|title = The Facts About H-4 Visas for Spouses of H-1B Workers|last = Bier|first = David|date = June 16, 2020|accessdate = June 26, 2020|publisher = Cato Institute}}</ref><ref name=pl-91-225>{{cite web|url = https://www.govinfo.gov/content/pkg/STATUTE-84/pdf/STATUTE-84-Pg116.pdf|title = Public Law 91-225|accessdate = June 26, 2020}}</ref>
 |-
-| 1990 || November 29 || Legislation || {{w|Immigration Act of 1990}} || {{w|101st United States Congress}}, President {{w|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 {{w|Labor Condition Application}} || Defines adjudication process || The old H-1 visa is split into the {{w|H-1A visa}} for nurses (which would be discontinued and replaced by the {{w|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.
+| 1982 || || INS/USCIS guidance || In response to ''Matter of Srinivasan'' || USCIS || N/A || N/A || N/A || N/A || An internal memo of the {{w|Immigration and Naturalization Services}} (INS, the precursor to {{w|United States Citizenship and Immigration Services}}) provides guidance regarding issuance of [[w:B visa in lieu of other visas|B-1 in lieu of H-1]].<ref name=globalworkers>{{cite web|url = http://globalworkers.org/digging-deeper-history-b-1-lieu-h-1|title = Digging Deeper: History of B-1 in lieu of H-1|publisher = globalworkers.org|accessdate = April 28, 2016}}</ref><ref name=ilw-wehrer>{{cite web|url = http://www.ilw.com/articles/2000,1018_Wehrer.shtm|title = Business Visitors from Abroad - Tips and Traps for the HR Department|date = October 18, 2000|last = Paparelli|first = Angelo|last2 = Wehrer|first2 = Susan|accessdate = April 28, 2016|publisher = Immigration Daily}}</ref>
 |-
-| 1998 || October 21 || Legislation || {{w|American Competitiveness and Workforce Improvement Act}} (ACWIA) || {{w|105th United States Congress}}, President {{w|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 {{w|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 {{w|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
+| 1990 || November 29 || Legislation || {{w|Immigration Act of 1990}} || {{w|101st United States Congress}}, President {{w|George H. W. Bush}} || Only a base filing fee || 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 {{w|Labor Condition Application}} || Defines adjudication process || The old H-1 visa is split into the {{w|H-1A visa}} for nurses (which would be discontinued and replaced by the {{w|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, in particular because unlike the previous H-1 visa, it allows for a dual immigrant intent, i.e., it allows people with pending green card applications to use the H-1B.<ref name=cato-h-4/><ref>{{cite web|url = https://www.law.cornell.edu/uscode/text/8/1184#b|title = 1184|publisher = Legal Information Institute}}</ref>
+|-
+| 1998 || October 21 || Legislation || {{w|American Competitiveness and Workforce Improvement Act}} (ACWIA) || {{w|105th United States Congress}}, President {{w|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 {{w|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 {{w|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 || {{w|American Competitiveness in the 21st Century Act}} (AC21) || {{w|106th United States Congress}}, President {{w|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.<br/>Creation of an uncapped category for non-profit research institutions.<br/>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.
+|-
+| 2000 || December 22 || INS/USCIS guidance || Guidance memo on H1B computer related positions || USCIS (specifically, the Nebraska Service Center) || No change || No change || According to this guidance, intended only for the Nebraska Service Center, computer-related positions should generally be considered to qualify as a specialty occupation (being a specialty occupation is one of the requirements for a H-1B) || Terry Way, director of the Nebraska Service Center, sends a guidance memorandum to adjudication officers at the center describing how to treat computer-related positions. The guidance states: "we will generally consider the position of programmer to qualify as a specialty occupation. This will especially be true if the position involves providing clients with programming analysts, custom designs, modification, and/or problem solving software. Positions such as these are usually associated with consulting firms. However, positions strictly involving the entering or reviewing of code for an employer whose business is not computer related (does not furnish software or hardware development, production, and/or consulting) may require more careful scrutiny." The reasoning in the memo draws on the ''{{w|Occupational Outlook Handbook}}'', past unpublished decisions of the {{w|Administrative Appeals Office}}, and past case law, such as ''Matter of Caron International, inc. I&N Dec. 79-1 (Comm, 1988).<ref name=aila-terry-way-nsc-computer>{{cite web|url = https://www.aila.org/library/nsc-guidance-on-h-1b-computer-related-positions|title = Guidance memo on H1B computer related positions|last = Way|first = Terry|date = December 22, 2000|accessdate = August 4, 2024|publisher = Immigration and Naturalization Service}}</ref> The memo would be rescinded in March 2017<ref name=rescission-terry-way/> though the rescission itself would be subsequently reversed.
 |-
 | 2001 || July 30 || INS/USCIS guidance || {{w|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.<ref name=uscis-premium-processing>{{cite web|url=http://www.uscis.gov/forms/how-do-i-use-premium-processing-service|title = How Do I Use the Premium Processing Service?|publisher = United States Citizenship and Immigration Services|accessdate = April 4, 2015}}</ref> ||
 |-
-| 2004 || January 1 || Treaty or trade agreement || {{w|Singapore–United States Free Trade Agreement}} || United States and Singapore governments; President {{w|George W. Bush}} and {{w|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 {{w|H-1B1 visa}} category for Singapore
+| 2004 || January 1 || Treaty or trade agreement || {{w|Singapore–United States Free Trade Agreement}} || United States and Singapore governments; President {{w|George W. Bush}} and {{w|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 {{w|H-1B1 visa}} category for Singapore.
 |-
-| 2004 || January 1 || Treaty or trade agreement || {{w|Chile–United States Free Trade Agreement}} || United States and Chile governments; President {{w|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 {{w|H-1B1 visa}} category for Chile
+| 2004 || January 1 || Treaty or trade agreement || {{w|Chile–United States Free Trade Agreement}} || United States and Chile governments; President {{w|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 {{w|H-1B1 visa}} category for Chile.
+|-
+| 2004 || April 23 || INS/USCIS guidance || The Significance of a Prior CIS Approval of a Nonimmigrant Petition in the Context of a Subsequent Determination Regarding Eligibility for Extension of Petition Validity || USCIS || No change || No change || No change || The adjudication process is changed so that adjudicators are expected to give deference to prior petition approvals when the petitioner and beneficiary are the same as before. || In an interoffice memorandum, William R. Yates, Associate Director of Operations, issues new guidance to USCIS adjudicators to defer to prior adjudications with the same petitioner and beneficiary. In particular prior approvals should generally be given deference, except in cases where: (1) it is determined that there was a material error with regard to the previous petition approval; (2) a substantial change in circumstances has taken place; or (3) there is new material information that adversely impacts the petitioner’s or beneficiary’s eligibility. In general, deference is expected for subjective assessments. While this guidance affects all petitions, the H-1B category is particularly affected (and the most numerically significant), due to the 3-year limit on H-1B validity, resulting in renewal petitions that could be affected by this guidance. The memorandum also explicitly uses the H-1B when providing an illustrative example.<ref name=prior-approval-memo>{{cite web|url = https://www.hsdl.org/c/view?docid=20258|title = The Significance of a Prior CIS Approval of a Nonimmigrant Petition in the Context of a Subsequent Determination Regarding Eligibility for Extension of Petition Validity|date = April 23, 2004|accessdate = August 4, 2024|publisher = United States Citizenship and Immigration Services}}</ref> This guidance would be rescinded in October 2017<ref name=rescission-prior-approval-memo/> and then reinstated in April 2021.<ref name=reinstatement-prior-approval-memo>{{cite web|url = https://www.uscis.gov/archive/uscis-issues-policy-guidance-on-deference-to-previous-decisions|title = USCIS Issues Policy Guidance on Deference to Previous Decisions|date = April 27, 2021|accessdate = August 4, 2024|publisher = United States Citizenship and Immigration Services}}</ref>
 |-
 | 2004 || December 6 || Legislation || {{w|H-1B Visa Reform Act of 2004}}, part of the {{w|Consolidated Appropriations Act, 2005}} || {{w|108th United States Congress}}, President {{w|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.<ref name=uscis-lottery-regulation>{{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|title = 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''</ref><ref name=uscis-lottery-regulation-gpo>{{cite web|url = https://www.gpo.gov/fdsys/granule/FR-2005-05-05/05-8992/content-detail.html|title = 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 = U.S. Government Programming Office}}</ref>
+| 2005 || January || Employment-based immigrant visa availability || || || N/A || N/A || N/A || N/A || This appears to be the first month in a while where EB-3 immigrant visa numbers are not current for all countries; specifically, India, China and the Philippiines have backlogs, with priority dates of January 1, 2002 or earlier being accepted.<ref name=visa-bulletin-january-2005>{{cite web|url = https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2005/visa-bulletin-for-january-2005.html|title = Visa Bulletin for January 2005|date = January 1, 2005|accessdate = August 4, 2024|publisher = travel.state.gov}}</ref> The growth of backlogs in immigrant visa availability is driven by legislative caps on the number of people per country per year who can becomes United States permanent residents. The growth in employment-based immigrant visa wait times from some countries (particularly India) would, combined with AC21, lead to a phenomenon where people would end up renewing their H-1B petitions multiple times while waiting in queue, while ''de facto'' being residents of the United States on continually renewed H-1Bs, often buying property and having children while waiting.<ref name=rangarajan-reveal/>
+|-
+| 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.<ref name=uscis-lottery-regulation>{{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|title = 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''}}</ref><ref name=uscis-lottery-regulation-gpo>{{cite web|url = https://www.gpo.gov/fdsys/granule/FR-2005-05-05/05-8992/content-detail.html|title = 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 = U.S. Government Programming Office}}</ref>
+|-
+| 2005 || October || Employment-based immigrant visa availability || || || N/A || N/A || N/A || N/A || With the start of Fiscal Year 2006, there is a further retrogression in priority dates for employment-based immigrant visas, with China and India now having priority dates in the past for EB-1 and EB-2, not just EB-3.<ref name=visa-bulletin-october-2005>{{cite web|url = https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2006/visa-bulletin-for-october-2005.html|title = Visa Bulletin for October 2005|date = October 1, 2005|accessdate = August 4, 2024|publisher = travel.state.gov}}</ref> The wait times would get significantly worse over the next few years. The growth in employment-based immigrant visa wait times from some countries (particularly India) would, combined with AC21, lead to a phenomenon where people would end up renewing their H-1B petitions multiple times while waiting in queue, while ''de facto'' being residents of the United States on continually renewed H-1Bs, often buying property and having children while waiting.<ref name=rangarajan-reveal/>
 |-
-| 2007 || April 18 || Proposed legislation || {{w|SKIL Bill}} (christened "SKIL Act of 2007") || {{w|John Shadegg}} (in the {{w|110th United States Congress}} || No change || Proposed:<br/> 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.<br/> 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.<br/> 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.<ref>{{cite web|url = https://www.congress.gov/bill/110th-congress/house-bill/1930|title = H.R.1930 - SKIL Act of 2007|date = April 18, 2007|accessdate = August 12, 2017|publisher = Congress.gov}}</ref> There is no further progress.
+| 2007 || April 18 || Proposed legislation || {{w|SKIL Bill}} (christened "SKIL Act of 2007") || {{w|John Shadegg}} (in the {{w|110th United States Congress}}) || No change || Proposed:<br/> 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.<br/> 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.<br/> 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.<ref>{{cite web|url = https://www.congress.gov/bill/110th-congress/house-bill/1930|title = H.R.1930 - SKIL Act of 2007|date = April 18, 2007|accessdate = August 12, 2017|publisher = Congress.gov}}</ref> 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) || {{w|Michael Chertoff}} ({{w|Department of Homeland Security}} (DHS) Secretary); USCIS and {{w|U.S. Immigration and Customs Enforcement}} (ICE) are under DHS || No change || No change || No change || No change || Two new ways of extending {{w|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.<ref name=chertoff-memo>{{cite web|url=http://www.gpo.gov/fdsys/pkg/FR-2008-04-08/html/E8-7427.htm|accessdate = January 19, 2015|date = April 2, 2008|title = Federal Register, Volume 73, Number 68 (April 8, 2008)}}</ref>
+| 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) || {{w|Michael Chertoff}} ({{w|Department of Homeland Security}} (DHS) Secretary); USCIS and {{w|U.S. Immigration and Customs Enforcement}} (ICE) are under DHS || No change || No change || No change || No change || Two new ways of extending {{w|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 H-1B petition.<ref name=chertoff-memo>{{cite web|url=http://www.gpo.gov/fdsys/pkg/FR-2008-04-08/html/E8-7427.htm|accessdate = January 19, 2015|date = April 2, 2008|title = Federal Register, Volume 73, Number 68 (April 8, 2008)}}</ref>
 |-
 | 2009 || February 17 || Legislation || {{w|Employ American Workers Act}}, part of the {{w|American Recovery and Reinvestment Act of 2009}} || {{w|111th United States Congress}}, President {{w|Barack Obama}} || No change || No change || All recipients of {{w|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.
@@ Line 35: / Line 46: @@
 | 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.<ref>{{cite web|url = https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf|title = Determining Employer-Employee Relationships for Adjudication of H-1B Petitions, Including Third-Party Site Placements|last = Neufeld|first = Donald|date = January 8, 2010|accessdate = August 12, 2017|publisher = United States Citizenship and Immigration Services}}</ref><ref>{{cite web|url = https://www.nafsa.org/Resource_Library_Assets/Regulatory_Information/USCIS_Guidance_On_Establishing_Employer-Employee_Relationship_In_H-1B_Petitions/|title = USCIS Guidance On Establishing Employer-Employee Relationship In H-1B Petitions|date = January 8, 2010|accessdate = August 12, 2017|publisher = NAFSA}}</ref><ref>{{cite web|url = https://www.uscis.gov/news/questions-answers-uscis-issues-guidance-memorandum-establishing-employee-employer-relationship-h-1b-petitions|title = Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions|date = January 13, 2010|accessdate = August 12, 2017|publisher = United States Citizenship and Immigration Services}}</ref>
 |-
-| 2010 || August 13 || Legislation || Public Law 111-230 (Section 402) || {{w|111th United States Congress}}, President {{w|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.<ref name=pl-111-230-teleconference>{{cite web|url = https://www.uscis.gov/outreach/notes-previous-engagements/notes-previous-engagements-topic/policy-and-guidance/teleconference-implementing-public-law-111-230|title = Teleconference: Implementing Public Law 111-230|accessdate = March 28, 2016|publisher = United States Citizenship and Immigration Services}}</ref><ref name=uscis-pl-111-230>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-implements-h-1b-and-l-1-fee-increase-according-pl-111-230|title = USCIS Implements H-1B and L-1 Fee Increase According to P.L. 111-230|accessdate = March 28, 2016|publisher = United States Citizenship and Immigration Services}}</ref> See {{w|H-1B-dependent employer#Additional fees}} for more.
+| 2010 || August 13 || Legislation || Public Law 111-230 (Section 402) || {{w|111th United States Congress}}, President {{w|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 postmarked on or after August 14, 2010, and until September 30, 2014.<ref name=pl-111-230-teleconference>{{cite web|url = https://www.uscis.gov/outreach/notes-previous-engagements/notes-previous-engagements-topic/policy-and-guidance/teleconference-implementing-public-law-111-230|title = Teleconference: Implementing Public Law 111-230|accessdate = March 28, 2016|publisher = United States Citizenship and Immigration Services}}</ref><ref name=uscis-pl-111-230>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-implements-h-1b-and-l-1-fee-increase-according-pl-111-230|title = USCIS Implements H-1B and L-1 Fee Increase According to P.L. 111-230|accessdate = March 28, 2016|publisher = United States Citizenship and Immigration Services}}</ref> See {{w|H-1B-dependent employer#Additional fees}} for more.
 |-
 | 2010 || November || Fee increase || || || Fee increases across the board as part of a regular fee increase.<ref>{{cite web|url=http://www.h1base.com/visa/work/H1BFeesIncreaseForH1BVisa2011filingApplications%20/ref/1533/|title = H1B Fee Increase|publisher = H1Base|accessdate = April 5, 2015}}</ref> || No change || No change || No change ||
@@ Line 41: / Line 52: @@
 | 2011 || January 2 || Legislation || Public Law 111-347 (Section 302) || {{w|111th United States Congress}}, President {{w|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.<ref>{{cite web|url = https://www.uscis.gov/news/public-law-111-230-h-1b-l-1-additional-fees-expire|title = Public Law 111-230 H-1B, L-1 Additional Fees Expire|date = October 5, 2015|accessdate = March 28, 2016|publisher = United States Citizenship and Immigration Services}}</ref><ref>{{cite web|url = https://www.uscis.gov/sites/default/files/ilink/docView/PUBLAW/DATAOBJECTS/PL111-347.pdf|title = Public Law 111-347|date = January 2, 2011|accessdate = August 12, 2017|publisher = United States Citizenship and Immigration Services}}</ref>
 |-
-| 2011 || January 24 || Proposed legislation || STAPLE Act (full name: Stopping Trained in America Ph.D.s From Leaving the Economy Act) || {{w|Jeff Flake}} (in the {{w|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.<ref name=staple-2011>{{cite web|url = https://www.congress.gov/bill/112th-congress/house-bill/399|title = H.R.399 - STAPLE Act|date = January 24, 2011|accessdate = August 13, 2017|publisher = Congress.gov}}</ref><ref>{{cite web|url = https://www.govtrack.us/congress/bills/112/hr399|title = H.R. 399 (112th): STAPLE Act|date = January 24, 2011|accessdate = August 13, 2017|publisher = Govtrack.us}}</ref><ref>{{cite web|url = http://www.foxnews.com/opinion/2011/05/16/care-immigration-care-staple-act.html|title = If You Care About Immigration, You Should Care About the STAPLE Act|last = Nowrasteh|first = Alex|authorlink = w:Alex Nowrasteh|date = May 16, 2011|accessdate = August 13, 2017}}</ref> Similar bills would be introduced in subsequent Congresses.<ref name=staple-2013/>
+| 2011 || January 24 || Proposed legislation || STAPLE Act (full name: {{w|Stopping Trained in America PhDs From Leaving the Economy Act}}) || {{w|Jeff Flake}} (in the {{w|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.<ref name=staple-2011>{{cite web|url = https://www.congress.gov/bill/112th-congress/house-bill/399|title = H.R.399 - STAPLE Act|date = January 24, 2011|accessdate = August 13, 2017|publisher = Congress.gov}}</ref><ref>{{cite web|url = https://www.govtrack.us/congress/bills/112/hr399|title = H.R. 399 (112th): STAPLE Act|date = January 24, 2011|accessdate = August 13, 2017|publisher = Govtrack.us}}</ref><ref>{{cite web|url = http://www.foxnews.com/opinion/2011/05/16/care-immigration-care-staple-act.html|title = If You Care About Immigration, You Should Care About the STAPLE Act|last = Nowrasteh|first = Alex|authorlink = w:Alex Nowrasteh|date = May 16, 2011|accessdate = August 13, 2017}}</ref> Similar bills would be introduced in subsequent Congresses.<ref name=staple-2013/>
 |-
 | 2011 || February 23 || Lawsuit || ''Palmer v. Infosys Technologies Limited'' (Alabama) || Jack Palmer (represented by Kenneth J. Mendelsohn), lawsuit against {{w|Infosys}} || N/A || N/A || N/A || N/A || In the lawsuit, Infosys employee Jack Palmer accuses the company of misusing the [[w:B visa in lieu of other visas|B-1 in lieu of H-1B]], including misleading immigration authorities, underpaying taxes, and overbilling clients.<ref name=itbusinessedge>{{cite web|url = http://www.itbusinessedge.com/cm/blogs/tennant/h-1b-visa-fraud-case-against-infosys-may-be-a-game-changer/?cs=45953|title = H-1B Visa Fraud Case Against Infosys May Be a Game Changer|last = Tennant|first = Don|date = March 15, 2011|accessdate = August 12, 2017|publisher = IT Business Edge}}</ref> He is represented by Greg Mendelsohn and the suit is filed in the Circuit Court of Lowndes County, Alabama.<ref name=itbusinessedge/> This happens two months after Palmer tried to raise the same issues internally within the company and was not heeded.<ref>{{cite web|url = https://www.documentcloud.org/documents/336004-jack-palmer-lawsuit-against-infosys-technologies.html|title = Jack Palmer Lawsuit Against Infosys Technologies|date = February 23, 2011|accessdate = August 13, 2017}}</ref><ref name=nyt-palmer-lawsuit>{{cite web|url = http://www.nytimes.com/2011/06/22/us/22infosys.html|title = Indian Company Under Scrutiny Over U.S. Visas|last = Preston|first = Julia|last2 = Bajaj|first2 = Vikas|date = June 21, 2011|accessdate = August 13, 2017}}</ref><ref name=nyt-palmer-lawsuit-2>{{cite web|url = http://www.nytimes.com/2012/04/13/us/whistle-blower-claiming-visa-fraud-keeps-his-job-but-not-his-work.html|title = Whistle-Blower Claiming Visa Fraud Keeps His Job, but Not His Work|last = Preston|first = Julia|publisher = ''New York Times''|date = April 13, 2012|accessdate = August 13, 2017}}</ref> On August 20, 2012, a federal judge in Alabama dismisses the lawsuit.<ref>{{cite web|url = http://www.nytimes.com/2012/08/21/us/alabama-judge-dismisses-infosys-whistle-blower-suit.html|title = Judge Dismisses Whistle-Blower Suit Against Infosys|last = Preston|first = Julia|date = August 20, 2012|accessdate = August 13, 2017|publisher = ''New York Times''}}</ref> 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.<ref>{{cite web|url = http://www.nytimes.com/2013/10/30/us/indian-tech-giant-infosys-said-to-reach-settlement-on-us-visa-fraud-claims.html|title = Deal Reached in Inquiry Into Visa Fraud at Tech Giant|last = Preston|first = Julia|date = October 30, 2013|accessdate = August 13, 2017|publisher = ''New York Times''}}</ref>
 |-
-| 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.<ref>{{cite web|url = https://www.federalregister.gov/documents/2011/03/03/2011-4731/registration-requirement-for-petitioners-seeking-to-file-h-1b-petitions-on-behalf-of-aliens-subject|title = Registration Requirement for Petitioners Seeking to File H-1B Petitions on Behalf of Aliens Subject to the Numerical Limitations|date = March 3, 2011|accessdate = August 13, 2017|publisher = ''Federal Register''}}</ref><ref>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-announces-proposed-h-1b-electronic-registration-system-reduce-costs-us-businesses|title = USCIS Announces Proposed H-1B Electronic Registration System to Reduce Costs for U.S. Businesses|date = March 2, 2011|accessdate = August 13, 2017|publisher = United States Citizenship and Immigration Services}}</ref> The {{w|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.<ref>{{cite web|url = http://www.aila.org/infonet/aila-comments-on-proposed-h-1b-registration-system|title = AILA Comments on Proposed H-1B Registration System|date = May 2, 2011|accessdate = August 13, 2017|publisher = American Immigration Lawyers Association}}</ref> There appears to be no further action on this proposal after May 2.
+| 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.<ref>{{cite web|url = https://www.federalregister.gov/documents/2011/03/03/2011-4731/registration-requirement-for-petitioners-seeking-to-file-h-1b-petitions-on-behalf-of-aliens-subject|title = Registration Requirement for Petitioners Seeking to File H-1B Petitions on Behalf of Aliens Subject to the Numerical Limitations|date = March 3, 2011|accessdate = August 13, 2017|publisher = ''Federal Register''}}</ref><ref>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-announces-proposed-h-1b-electronic-registration-system-reduce-costs-us-businesses|title = USCIS Announces Proposed H-1B Electronic Registration System to Reduce Costs for U.S. Businesses|date = March 2, 2011|accessdate = August 13, 2017|publisher = United States Citizenship and Immigration Services}}</ref> The {{w|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.<ref>{{cite web|url = http://www.aila.org/infonet/aila-comments-on-proposed-h-1b-registration-system|title = AILA Comments on Proposed H-1B Registration System|date = May 2, 2011|accessdate = August 13, 2017|publisher = American Immigration Lawyers Association}}</ref> The proposal would finally become practice in March 2020, with H-1B filing for Fiscal Year 2021.
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-| 2013 || March 15 || Proposed legislation || STAPLE Act (full name: Stopping Trained in America Ph.D.s From Leaving the Economy Act) || {{w|Erik Paulsen}} (in the {{w|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.<ref name=staple-2013>{{cite web|url = https://www.congress.gov/bill/113th-congress/house-bill/1227|title = H.R.1227 - STAPLE Act|date = March 15, 2013|accessdate = August 13, 2017}}</ref><ref>{{cite web|url = https://www.govtrack.us/congress/bills/113/hr1227|title = H.R. 1227 (113th): STAPLE Act|date = March 15, 2013|accessdate = Augsut 13, 2017|publisher = Govtrack.us}}</ref> A similar bill had been introduced in the 112th United States Congress,<ref name=staple-2011/> and similar bills would continue to be introduced in subsequent Congresses.
+| 2013 || March 15 || Proposed legislation || STAPLE Act (full name: {{w|Stopping Trained in America PhDs From Leaving the Economy Act}}) || {{w|Erik Paulsen}} (in the {{w|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.<ref name=staple-2013>{{cite web|url = https://www.congress.gov/bill/113th-congress/house-bill/1227|title = H.R.1227 - STAPLE Act|date = March 15, 2013|accessdate = August 13, 2017}}</ref><ref>{{cite web|url = https://www.govtrack.us/congress/bills/113/hr1227|title = H.R. 1227 (113th): STAPLE Act|date = March 15, 2013|accessdate = August 13, 2017|publisher = Govtrack.us}}</ref> A similar bill had been introduced in the 112th United States Congress,<ref name=staple-2011/> and similar bills would continue to be introduced in subsequent Congresses.
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 | 2013 || March 18 || Proposed legislation || H-1B and L-1 Visa Reform Act (Bill) of 2013 || {{w|Chuck Grassley}}, {{w|Sherrod Brown}} (in the {{w|113th United States Congress}} || No change || No change || Proposed:<br/> Annual Department of Labor audits of companies with large number of H-1B employees<br/>200 additional employees to administer, oversee, investigate, and enforce programs<br/>Revised wage determination requirements<br/>Internet posting required<br/>Longer U.S. worker displacement protection<br/>Prohibition on employer advertising that makes a position available only to, or gives priority to, H-1B nonimmigrants<br/>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.<ref>{{cite web|url = https://www.congress.gov/bill/113th-congress/senate-bill/600|title = S.600 - H-1B and L-1 Visa Reform Act of 2013|date = March 18, 2013|accessdate = August 13, 2017|publisher = Congress.gov}}</ref><ref>{{cite web|url = https://www.govtrack.us/congress/bills/113/s600|title = S. 600 (113th): H-1B and L-1 Visa Reform Act of 2013|date = March 18, 2013|accessdate = August 13, 2017|publisher = Govtrack.us}}</ref>
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-| 2015 || April 30 || Proposed legislation || STAPLE Act (full name: Stopping Trained in America Ph.D.s From Leaving the Economy Act) || {{w|Erik Paulsen}} (in the {{w|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.<ref name=staple-2015>{{cite web|url = https://www.congress.gov/bill/114th-congress/house-bill/2181|title = H.R.2181 - STAPLE Act|date = April 30, 2015|accessdate = August 13, 2017|publisher = congress.gov}}</ref><ref>{{cite web|url = https://www.govtrack.us/congress/bills/114/hr2181|title = H.R. 2181 (114th): STAPLE Act|date = April 30, 2015|accessdate = August 13, 2017|publisher = Govtrack.us}}</ref> Similar bills had been introduced in the 112th and 113th Congress.<ref name=staple-2011/><ref name=staple-2013/>
+| 2015 || April 30 || Proposed legislation || STAPLE Act (full name: {{w|Stopping Trained in America PhDs From Leaving the Economy Act}}) || {{w|Erik Paulsen}} (in the {{w|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.<ref name=staple-2015>{{cite web|url = https://www.congress.gov/bill/114th-congress/house-bill/2181|title = H.R.2181 - STAPLE Act|date = April 30, 2015|accessdate = August 13, 2017|publisher = congress.gov}}</ref><ref>{{cite web|url = https://www.govtrack.us/congress/bills/114/hr2181|title = H.R. 2181 (114th): STAPLE Act|date = April 30, 2015|accessdate = August 13, 2017|publisher = Govtrack.us}}</ref> Similar bills had been introduced in the 112th and 113th Congress.<ref name=staple-2011/><ref name=staple-2013/>
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-| 2015 || December 18 || Legislation || Public Law 114-113, part of the {{w|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.<ref>{{cite web|url = https://www.uscis.gov/news/alerts/new-law-increases-h-1b-and-l-1-petition-fees|title = New Law Increases H-1B and L-1 Petition Fees|publisher = United States Citizenship and Immigration Services|accessdate = March 29, 2016}}</ref><ref name=tribuneindia>{{cite web|url = http://www.tribuneindia.com/news/world/indian-it-companies-to-pay-over-8-000-per-h1b-visa/172810.html|title = Indian IT Companies to pay over $8,000 per visa|accessdate = March 29, 2016}}</ref> It replaces a similar $2,000 fee that applied till September 30, 2015. See {{w|H-1B-dependent employer#Additional fees}} for more.
+| 2015 || December 18 || Legislation || Public Law 114-113, part of the {{w|Consolidated Appropriations Act, 2016}} || {{w|114th United States Congress}} || 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 || This applies to all petitions postmarked on or after December 18, 2015 and until September 30, 2025.<ref>{{cite web|url = https://www.uscis.gov/news/alerts/new-law-increases-h-1b-and-l-1-petition-fees|title = New Law Increases H-1B and L-1 Petition Fees|publisher = United States Citizenship and Immigration Services|accessdate = March 29, 2016}}</ref><ref name=tribuneindia>{{cite web|url = http://www.tribuneindia.com/news/world/indian-it-companies-to-pay-over-8-000-per-h1b-visa/172810.html|title = Indian IT Companies to pay over $8,000 per visa|accessdate = March 29, 2016}}</ref> It replaces a similar $2,000 fee that applied till September 30, 2015. See {{w|H-1B-dependent employer#Additional fees}} for more.
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-| 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.<ref name=soundcloud-perrero>{{cite web|url = https://www.documentcloud.org/documents/2837158-Perrero.html|title = Verified Class Action Complaint Against HCL Inc. and Walt Disney World|last = Perrero|first = Leo|date = January 25, 2016|accessdate = August 13, 2017}}</ref> On May 13, Disney and HCL file motions for dismissal.<ref>{{cite web|url = https://www.documentcloud.org/documents/2837159-Disney-Visa.html|title = Defendant Walt Disney Parks and Resorts U.S. Inc's Dispositive Motion to Dismiss and Memorandum of Law|date = May 13, 2016|accessdate = August 13, 2017}}</ref><ref>{{cite web|url = https://www.documentcloud.org/documents/2837157-HCL.html|title = HCL America, Inc.'s Dispositive Motion to Dismiss Complaint|date = May 13, 2016|accessdate = August 13, 2017}}</ref> 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.<ref>{{cite web|url = https://www.nytimes.com/2016/10/14/us/judge-says-disney-didnt-violate-visa-laws-in-layoffs.html|title = Judge Says Disney Didn’t Violate Visa Laws in Layoffs|last = Preston|first = Julia|date = October 13, 2016|accessdate = August 13, 2017|publisher = ''New York Times''|last = Preston|first = Julia}}</ref>
+| 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.<ref name=soundcloud-perrero>{{cite web|url = https://www.documentcloud.org/documents/2837158-Perrero.html|title = Verified Class Action Complaint Against HCL Inc. and Walt Disney World|last = Perrero|first = Leo|date = January 25, 2016|accessdate = August 13, 2017}}</ref> On May 13, Disney and HCL file motions for dismissal.<ref>{{cite web|url = https://www.documentcloud.org/documents/2837159-Disney-Visa.html|title = Defendant Walt Disney Parks and Resorts U.S. Inc's Dispositive Motion to Dismiss and Memorandum of Law|date = May 13, 2016|accessdate = August 13, 2017}}</ref><ref>{{cite web|url = https://www.documentcloud.org/documents/2837157-HCL.html|title = HCL America, Inc.'s Dispositive Motion to Dismiss Complaint|date = May 13, 2016|accessdate = August 13, 2017}}</ref> 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.<ref>{{cite web|url = https://www.nytimes.com/2016/10/14/us/judge-says-disney-didnt-violate-visa-laws-in-layoffs.html|title = Judge Says Disney Didn’t Violate Visa Laws in Layoffs|last = Preston|first = Julia|date = October 13, 2016|accessdate = August 13, 2017|publisher = ''New York Times''}}</ref>
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 | 2016 || May 20 || Lawsuit || ''AILA v. USCIS'', also known as the FOIA lawsuit || {{w|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 {{w|Freedom of Information Act}} (FOIA)-based lawsuit against USCIS seeking more transparency into the H-1B lottery process.<ref>{{cite web|url = https://www.law360.com/articles/799213/foia-suit-seeks-to-peek-into-black-box-of-h-1b-lottery|title = FOIA Suit Seeks To Peek Into 'Black Box' Of H-1B Lottery|last = Olivo|first = Natalie|date = May 23, 2016|accessdate = August 13, 2017|publisher = Law360}}</ref><ref name=aic-foia-lawsuit>{{cite web|url = https://www.americanimmigrationcouncil.org/litigation/foia-lawsuit-h-1b-lottery-policies-and-procedures|title = 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)|accessdate = August 13, 2017|publisher = American Immigration Council}}</ref><ref name=aila-foia-lawsuit>{{cite web|url = http://www.aila.org/advo-media/press-releases/2016/lawsuit-seeks-transparency-in-h-1b-lottery-process|title = Lawsuit Seeks Transparency in H-1B Lottery Process|date = May 23, 2016|accessdate = August 13, 2017|publisher = American Immigration Lawyers Association}}</ref> USCIS responds on August 1, 2016, with three affirmative defenses.<ref name=aic-foia-lawsuit/><ref>{{cite web|url = https://www.americanimmigrationcouncil.org/sites/default/files/litigation_documents/aila_vs_uscis_defendants_answer.pdf|title = Defendant's Answer to Plaintiff's Claim for Declaratory and Injunctive Relief|date = August 1, 2016|accessdate = August 13, 2017}}</ref>
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-| 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.<ref name=entrylaw-case-ends/><ref>{{cite web|url = https://www.lexisnexis.com/legalnewsroom/immigration/b/newsheadlines/archive/2016/06/03/h-1b-lottery-lawsuit-filed-tenrec-v-uscis.aspx?Redirected=true|title = H-1B Lottery Lawsuit Filed - Tenrec v. USCIS|last = Kowalski|first = Daniel|date = June 3, 2016|accessdate = August 13, 2017|publisher = LexisNexis}}</ref><ref name=cw-lottery-lawsuit>{{cite web|url = http://www.computerworld.com/article/3123769/it-careers/court-ruling-puts-future-of-h-1b-lottery-in-doubt.html|title = 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|date = September 23, 2016|accessdate = August 13, 2017|publisher = ComputerWorld|last = Thibodeau|first = Patrick}}</ref><ref name=nlr-lottery-lawsuit>{{cite web|url = https://www.natlawreview.com/article/controversial-h-1b-lottery-upheld|title = Controversial H-1B Lottery Upheld|last = Koski|first = Ceridwen|date = March 28, 2017|accessdate = August 13, 2017|publisher = ''The National Law Review''}}</ref> In September 2016, U.S. District Court Judge Michael Simon in Oregon rejects the USCIS' motion to dismiss the lawsuit.<ref name=cw-lottery-lawsuit/> On March 17, 2017, the case is decided against the plaintiffs.<ref name=entrylaw-case-ends>{{cite web|url = http://www.entrylaw.com/h1b-lottery-lawsuit/|title = H-1B Lottery Lawsuit|accessdate = August 13, 2017}}</ref><ref name=nlr-lottery-lawsuit/> Although the plaintiffs appeal the decision with the {{w|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.<ref name=entrylaw-case-ends/>
+| 2016 || June 2 || Lawsuit || ''{{w|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.<ref name=entrylaw-case-ends/><ref>{{cite web|url = https://www.lexisnexis.com/legalnewsroom/immigration/b/newsheadlines/archive/2016/06/03/h-1b-lottery-lawsuit-filed-tenrec-v-uscis.aspx?Redirected=true|title = H-1B Lottery Lawsuit Filed - Tenrec v. USCIS|last = Kowalski|first = Daniel|date = June 3, 2016|accessdate = August 13, 2017|publisher = LexisNexis}}</ref><ref name=cw-lottery-lawsuit>{{cite web|url = http://www.computerworld.com/article/3123769/it-careers/court-ruling-puts-future-of-h-1b-lottery-in-doubt.html|title = 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|date = September 23, 2016|accessdate = August 13, 2017|publisher = Computerworld|last = Thibodeau|first = Patrick}}</ref><ref name=nlr-lottery-lawsuit>{{cite web|url = https://www.natlawreview.com/article/controversial-h-1b-lottery-upheld|title = Controversial H-1B Lottery Upheld|last = Koski|first = Ceridwen|date = March 28, 2017|accessdate = August 13, 2017|publisher = ''The National Law Review''}}</ref> In September 2016, U.S. District Court Judge Michael Simon in Oregon rejects the USCIS' motion to dismiss the lawsuit.<ref name=cw-lottery-lawsuit/> On March 17, 2017, the case is decided against the plaintiffs.<ref name=entrylaw-case-ends>{{cite web|url = http://www.entrylaw.com/h1b-lottery-lawsuit/|title = H-1B Lottery Lawsuit|accessdate = August 13, 2017}}</ref><ref name=nlr-lottery-lawsuit/> Although the plaintiffs appeal the decision with the {{w|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.<ref name=entrylaw-case-ends/>
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 | 2017 || January 24 || Proposed legislation || High-Skilled Integrity and Fairness Act of 2017 || {{w|Zoe Lofgren}} (in the {{w|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:<br/>Wage tiers established (200% of prevailing wage, 150% of prevailing wage, 100% of prevailing wage).<br/>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.<ref name=hsifa>{{cite web|url = https://www.congress.gov/bill/115th-congress/house-bill/670|title = H.R.670 - High-Skilled Integrity and Fairness Act of 2017|date = January 24, 2017|accessdate = August 13, 2017|publisher = Congress.gov}}</ref><ref>{{cite web|url = http://www.aila.org/advo-media/whats-happening-in-congress/pending-legislation/hr-670-high-skilled-integrity-fairness-act-2017|title = H.R. 670: High-Skilled Integrity and Fairness Act of 2017|publisher = American Immigration Lawyers Association|date = January 24, 2017|accessdate = August 13, 2017}}</ref><ref>{{cite web|url = https://www.govtrack.us/congress/bills/115/hr670|title = H.R. 670: High-Skilled Integrity and Fairness Act of 2017|publisher = govtrack.us}}</ref><ref>{{cite web|url = http://www.indianeagle.com/travelbeats/high-skilled-integrity-and-fairness-act-of-2017-for-h1b-visa-reform/|title = High-Skilled Integrity and Fairness Act of 2017: Highlights of New H1B Visa Reform Bill in USA|publisher = Indian Eagle|accessdate = August 13, 2017}}</ref><ref>{{cite web|url = https://www.law360.com/articles/889366/a-politically-feasible-approach-to-h-1b-reform|title = A Politically Feasible Approach To H-1B Reform|last = Meyer|first = Brandon|date = February 8, 2017|accessdate = August 13, 2017}}</ref>
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-| 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 {{w|USCIS processing times}} for more).<ref name=uscis-h-1b-pps-suspension>{{cite web|url = https://www.uscis.gov/news/alerts/uscis-will-temporarily-suspend-premium-processing-all-h-1b-petitions|title = USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions|date = March 3, 2017|accessdate = March 4, 2017|publisher = United States Citizenship and Immigration Services}}</ref><ref>{{cite web|url = http://indianexpress.com/article/world/uscis-to-suspend-premium-processing-service-for-h-1b-visas-from-april-3-as-h-1b-reform-bill-introduced-in-congress-4553812/|title = USCIS to suspend Premium Processing Service for H-1B visas from April 3|publisher = ''Indian Express''|date = March 3, 2017|accessdate = March 4, 2017}}</ref> Petitioners can still make discretionary expedite requests subject to the usual constraints on such requests.<ref name=uscis-h-1b-pps-suspension/><ref name=expedite-criteria>{{cite web|url = https://www.uscis.gov/forms/expedite-criteria|title = Expedite Criteria|publisher = United States Citizenship and Immigration Services|accessdate = March 4, 2017}}</ref> || 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.<ref>{{cite web|url = http://www.theverge.com/2017/3/3/14810830/us-immigration-trump-h-1b-visa-processing-wait-times|title = US to suspend fast processing of H-1B visas for high-skilled workers|last = Statt|first = Nick|date = March 3, 2017|accessdate = March 4, 2017|publisher = ''The Verge''}}</ref><ref>{{cite web|url = http://www.cnn.com/2017/03/04/us/h1b-visa-premium-processing-suspended/|title = US suspends expedited processing of H-1B visas |last = Karimi|first = Faith|date = March 4, 2017|accessdate = March 4, 2017|publisher = ''[[CNN]]''}}</ref><ref>{{cite web|url = https://www.engadget.com/2017/03/03/us-suspends-premium-processing-for-h-1b-visas/|title = 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.|last = Lawler|first = Richard|date = March 3, 2017|accessdate = March 4, 2017|publisher = ''Engadget''}}</ref>
+| 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 {{w|USCIS processing times}} for more).<ref name=uscis-h-1b-pps-suspension>{{cite web|url = https://www.uscis.gov/news/alerts/uscis-will-temporarily-suspend-premium-processing-all-h-1b-petitions|title = USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions|date = March 3, 2017|accessdate = March 4, 2017|publisher = United States Citizenship and Immigration Services}}</ref><ref>{{cite web|url = http://indianexpress.com/article/world/uscis-to-suspend-premium-processing-service-for-h-1b-visas-from-april-3-as-h-1b-reform-bill-introduced-in-congress-4553812/|title = USCIS to suspend Premium Processing Service for H-1B visas from April 3|publisher = ''Indian Express''|date = March 3, 2017|accessdate = March 4, 2017}}</ref> Petitioners can still make discretionary expedite requests subject to the usual constraints on such requests.<ref name=uscis-h-1b-pps-suspension/><ref name=expedite-criteria>{{cite web|url = https://www.uscis.gov/forms/expedite-criteria|title = Expedite Criteria|publisher = United States Citizenship and Immigration Services|accessdate = March 4, 2017}}</ref> || 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.<ref>{{cite web|url = http://www.theverge.com/2017/3/3/14810830/us-immigration-trump-h-1b-visa-processing-wait-times|title = US to suspend fast processing of H-1B visas for high-skilled workers|last = Statt|first = Nick|date = March 3, 2017|accessdate = March 4, 2017|publisher = ''The Verge''}}</ref><ref>{{cite web|url = http://www.cnn.com/2017/03/04/us/h1b-visa-premium-processing-suspended/|title = US suspends expedited processing of H-1B visas |last = Karimi|first = Faith|date = March 4, 2017|accessdate = March 4, 2017|publisher = ''[[CNN]]''}}</ref><ref>{{cite web|url = https://www.engadget.com/2017/03/03/us-suspends-premium-processing-for-h-1b-visas/|title = 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.|last = Lawler|first = Richard|date = March 3, 2017|accessdate = March 4, 2017|publisher = ''Engadget''}}</ref>
+|-
+| 2017 || March 31 || INS/USCIS guidance || Rescission of the December 22, 2000 “Guidance memo on H1B computer related positions” || USCIS || No change || No change || No change || End to automatic treatment of computer-related occupations as specialty occupations, making adjudication stricter || USCIS issues a Policy Memorandum PM-602-0142 rescinding the December 22, 2000 “Guidance memo on H1B computer related positions” issues by Terry Way. The memorandum applies to all USCIS employees effective immediately. This rescission effectively means that computer-related positions are no longer automatically treated as specialty occupations, and other evidence needs to be provided in the petition to establish that it is a specialty occupation. The updated guidance is claimed to be consistent with the more recent editions of the ''{{w|Occupational Outlook Handbook}}'', compared to the Terry Way memorandum that had relied on the 1998-99 and 2000-01 editions.<ref name=rescission-terry-way>{{cite web|url = https://www.uscis.gov/sites/default/files/document/memos/PM-6002-0142-H-1BComputerRelatedPositionsRecission.pdf|title = Policy Memorandum: Rescission of the December 22, 2000 “Guidance memo on H1B computer related positions”|date = March 31, 2017|accessdate = August 3, 2024|publisher = USCIS}}</ref> An analysis by the Bipartisal Policy Center calls this an example "of the administration’s actions to tighten the H-1B visa program" and says "The rescission memo seems to account for much of the increased number of RFEs being issued, as service centers have been directed to ask for additional evidence when they receive petitions for entry-level positions that may not necessarily require a bachelor’s degree."<ref name=bpc-battle-h-1b>{{cite web|url = https://bipartisanpolicy.org/blog/the-battle-of-the-h-1b-uscis-continues-to-restrict-the-highly-skilled-nonimmigrant-work-visa/|title = The Battle of the H-1B: USCIS Continues to Restrict the Highly-Skilled Nonimmigrant Work Visa|last = Iacono|first = Rachel|date = December 17, 2019|accessdate = August 3, 2024|publisher = Bipartisan Policy Center}}</ref> Effective January 30, 2021, this memorandum itself would be rescinded in light of the ninth circuit's decision in ''Innova Solutions v. Baran''.<ref name=rescission-terry-way/><ref name=bpc-uscis-biden-updates>{{cite web|url = https://bipartisanpolicy.org/blog/uscis-biden-updates/|title = The Battle of the H-1B Concludes? Biden Administration Updates USCIS Policy Manual|date = July 14, 2021|accessdate = August 3, 2024|last = Iacono|first = Rachel|last2 = Lee|first2 = Andrew|publisher = Bipartisan Policy Center}}</ref>
+|-
+| 2017 || April 18 || Executive Order || Buy American and Hire American || President {{w|Donald Trump}}, USCIS (but more broadly Department of State, DHS, and Department of Labor) || No change || No change || No change || No immediate change, but a catalyst for stricter adjudication in the coming months and years || President {{w|Donald Trump}} issues Executive Order 13788 "Buy American and Hire American". Section 5(b) of the proclamation says: "In order to promote the proper functioning of the H-1B visa program, the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security shall, as soon as practicable, suggest reforms to help ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries."<ref>{{cite web|url = https://www.federalregister.gov/documents/2017/04/21/2017-08311/buy-american-and-hire-american|title = Buy American and Hire American|date = April 21, 2017|accessdate = August 3, 2024|publisher = Federal Regster}}</ref> USCIS would later put up a page describing its efforts to implement the order.<ref name=uscis-buy-american-hire-american>{{cite web|url = https://www.uscis.gov/archive/buy-american-and-hire-american-putting-american-workers-first|title = Buy American and Hire American: Putting American Workers First|accessdate = August 3, 2024|publisher = USCIS}}</ref> Among other things, this would include H-1B datasets including the H-1B Employer Data Hub (see row for that) as well as a page describing efforts to combat H-1B fraud, including an online tip form for reporting suspected fraud, protections for those reporting suspected fraud, and an expansion of site visits.<ref>{{cite web|url = https://www.uscis.gov/scams-fraud-and-misconduct/report-fraud/combating-fraud-and-abuse-in-the-h-1b-visa-program|title = Combating Fraud and Abuse in the H-1B Visa Program|accessdate = August 3, 2024|publisher = USCIS}}</ref>
+|-
+| 2017 || October 23 || INS/USCIS guidance || Rescission of Guidance Regarding Deference to Prior Determinations of Eligibility in the Adjudication of Petitions for Extension of Nonimmigrant Status || USCIS || No change || No change || No change || Stricter adjudication and greater burden of proof on petitioner || USCIS rescinds its April 23, 2004 memorandum titled “The Significance of a Prior CIS Approval of a Nonimmigrant Petition in the Context of a Subsequent Determination Regarding Eligibility for Extension of Petition Validity” and section VII of the August 17, 2015 policy memorandum titled “L-1B Adjudications Policy.” With this rescission, USCIS places the burden of proof on the petitioner to demonstrate eligibility for the benefit every time, even for renewals, and reduces the burden on adjudicators to review past petitions to determine the extent of similarity or overlap with the existing petition. Though H-1B is not called out by name in this memorandum, it is one of the affected categories, given the 3-year limit on H-1B with the possibility of renewal; the original 2004 memorandum did mention H-1B in one of its illustrative examples.<ref name=rescission-prior-approval-memo>{{cite web|url = https://www.uscis.gov/sites/default/files/document/memos/2017-10-23-Rescission-of-Deference-PM602-0151.pdf|title = Policy Memorandum: Rescission of Guidance Regarding Deference to Prior Determinations of Eligibility in the Adjudication of Petitions for Extension of Nonimmigrant Status|date = October 23, 2017|accessdate = August 3, 2024|publisher = USCIS|archive-url = https://web.archive.org/web/20201001072452/https://www.uscis.gov/sites/default/files/document/memos/2017-10-23-Rescission-of-Deference-PM602-0151.pdf|archive-date = October 1, 2020}}</ref> An analysis by the Bipartisan Policy Center says: "This has contributed to the increased level of RFEs or denials issued to cases seeking to renew an existing H-1B petition over the past two years" and calls the memo an example "of the administration’s actions to tighten the H-1B visa program."<ref name=bpc-battle-h-1b/>
+|-
+| 2019 || April 1 || Data || H-1B Employer Data Hub || USCIS || No change || No change || No change || No change || USCIS launches its H-1B Employer Data Hub, that it says is "to provide information to the public on employers petitioning for H-1B workers. The data hub is part of our continued effort to increase transparency in employment-based visa programs by allowing the public to search for H-1B petitioners by fiscal year (back to FY 2009), NAICS code, employer name, city, state, or ZIP code. This will give the public the ability to calculate approval and denial rates and to review which employers are using the H-1B program."<ref>{{cite web|url = https://www.uscis.gov/news/alerts/uscis-launches-h-1b-employer-data-hub|title = USCIS Launches H-1B Employer Data Hub|date = April 1, 2019|accessdate = March 19, 2022|publisher = United States Citizenship and Immigration Services}}</ref> This data is used by third parties to calculate patterns and trends in denial rates.<ref>{{cite web|url = https://www.bal.com/bal-news/united-statesh-1b-employer-data-hub-shows-high-denial-rates/|title = H-1B Employer Data Hub shows high denial rates|date = April 19, 2019|accessdate = March 19, 2022|publisher = Berry Appleman & Leiden LLP}}</ref>
+|-
+| 2019 || June || INS/USCIS guidance || Reinstatement of Premium Processing for H-1B || USCIS || Premium Processing availability resumes, with no fee change. || No change || No change || Premium Processing now available for cap-subject petitions, starting in late May or early June depending on the type of petition. || Start date for Premium Processing countdown is May 20, 2019 for cap-subject change of status petitions,<ref>{{cite web|url = https://www.uscis.gov/news/alerts/premium-processing-begins-certain-cap-subject-h-1b-petitions-may-20|title = Premium Processing Begins for Certain Cap-Subject H-1B Petitions on May 20|publisher = United States Citizenship and Immigration Services|date = March 29, 2019|accessdate = January 25, 2020}}</ref> and June 10, 2019 for other cap-subject petitions (precise date announced June 7, 2019).<ref>{{cite web|url = https://www.uscis.gov/news/alerts/premium-processing-begins-remaining-h-1b-cap-subject-petitions-june-10|title = Premium Processing Begins for Remaining H-1B Cap-Subject Petitions on June 10|publisher = United States Citizenship and Immigration Services|date = June 7, 2019|accessdate = January 25, 2020}}</ref>
+|-
+| 2019 || July 17 || INS/USCIS guidance || Release of records in response to FOIA request || USCIS || N/A || N/A || N/A || N/A || In response to two [[w:Freedom of Information Act (United States)|Freedom of Information Act]] (FOIA) requests from the {{w|American Immigration Lawyers Association}} (AILA) on September 21, 2017 and April 24, 2018, and a lawsuit filed by AILA on June 11, 2018, after USCIS's failure to comply with the FOIA requests, USCIS provides documents to AILA. The initial document production in August 2018, that USCIS deems to be the most it can offer, is rejected by AILA as insufficient, and in response, USCIS releases additional records between October 2018 and July 2019. July 17, 2019 is the date on which the AILA considers the documents produced sufficient to address its requests, and the lawsuit is settled in August 2019.<ref>{{cite web|url = https://www.aila.org/library/h1b-prevailing-wage-specialty-occupation-foia|title = H-1B Wage Level and Specialty Occupation Documents Released in FOIA Lawsuit|date = September 18, 2019|accessdate = August 3, 2024|publisher = American Immigration Lawyers Association}}</ref> An article in ''Forbes'' looks at these documents in the context of the Trump administration's "Buy American and Hire American" initiative and the significant increase in rates of {{w|Request for Evidence}} (RFE) since 2017.<ref>{{cite web|url = https://www.forbes.com/sites/stuartanderson/2019/09/19/uscis-documents-reveal-the-sources-of-trump-h-1b-visa-restrictions/|title = USCIS Documents Reveal The Sources Of Trump H-1B Visa Restrictions|last = Anderson|first = Stuart|date = September 19, 2019|accessdate = August 3, 2024|publisher = Forbes}}</ref>
+|-
+| 2019 || November 30, December 2 || Lawsuits, data || Database of H-1B lawsuits || || N/A || N/A || N/A || N/A || In an interview on the Reveal podcast on November 30, Sinduja Rangarajan talks about the database of H-1B lawsuits that she has been building in collaboration with others including Reveal as well as Cornell University Law professor Stephen Yale-Loehr and law student Hun Lee, and how the frequency of lawsuits has increased a lot since the Trump administration. Rangarajan notes that in many cases, filing a lawsuit causes the USCIS to reverse its decision before the lawsuit reaches trial; her database also indicates that there has been an increase in overturning of denials by the USCIS Adminstrative Appeals Office. Rangarajan explains how Trump's "Buy American and Hire American" executive order and its effect on USCIS practice.<ref name=rangarajan-reveal>{{cite web|url = https://revealnews.org/podcast/building-a-wall-out-of-red-tape/|title = Building a wall out of red tape. Who qualifies for a visa? How much does it cost to become a U.S. citizen? Stories about the invisible barriers immigrants come up against when trying to apply for legal status|date = November 30, 2019|accessdate = August 4, 2024|publisher = Reveal News}}</ref> An article by Rangarajan on December 2 provides more related information.<ref>{{cite web|url = https://www.motherjones.com/politics/2019/12/h1b-visa-court-case-methodology/|title = How I Tracked an Explosion in Lawsuits Against Trump’s Immigration Policies. Changes to the H-1B program have sparked unprecedented legal challenges.|last = Rangarajan|first = Sinduja|date = December 2, 2019|accessdate = August 4, 2024|publisher = Mother Jones}}</ref>
+|-
+| 2019 || December 6 || INS/USCIS guidance || H-1B Electronic Registration Process || USCIS || Additional $10 fee for registration for cap-subject petitions, including petitions that do not get selected in the lottery || No change || No change || Change in lottery system to select petitioners, but not to adjudication process itself || Starting with fiscal year 2021, USCIS moves its lottery system to ''before'' the filing of petitions. Between March 1 and March 20, prospective petitioners (known as "registrants") must file an online application with USCIS, including basic information on the petition. All registrants who apply within this timeframe would then go through the lottery process, with registrants learning by March 31 whether they were selected. Selected registrants may file H-1B petitions by June 30.<ref>{{cite web|url = https://www.uscis.gov/archive/uscis-announces-implementation-of-h-1b-electronic-registration-process-for-fiscal-year-2021-cap|title = USCIS Announces Implementation of H-1B Electronic Registration Process for Fiscal Year 2021 Cap Season|date = December 6, 2019|accessdate = August 4, 2024|publisher = United States Citizenship and Immigration Services}}</ref><ref name=shrm-h-1b-lottery-changes>{{cite web|url = https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/2020-h1b-visa-filing-process-has-changed.aspx|title = The H-1B Visa Filing Process Has Changed. Here’s What You Need to Know. Changes meant to ease the process may boost number of visa applicants, experts say|date = February 5, 2020|last = Maurer|first = Roy|accessdate = April 21, 2020}}</ref>
+|-
+| 2020 || June 22 || Executive Order || Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak || President {{w|Donald Trump}} || No change || No change || No change || No change || In light of increased unemployment levels following the {{w|COVID-19 pandemic in the United States}}, United States President Donald Trump issues a presidential proclamation suspending the issuance of new visas in many categories, including H-1B, by United States consulates, till the end of 2020. Existing visas would continue to be honored, and H-1B adjudications by USCIS would continue. The effective impact is that only people already in the United States would be able to transition to or extend H-1B status, and would not be able to travel outside the United States unless they already have a valid visa.<ref>{{cite web|url = https://trumpwhitehouse.archives.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/|title = Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak|date = June 22, 2020|accessdate = June 26, 2020|publisher = White House|last = Trump|first = Donald}}</ref><ref>{{cite web|url = https://www.vox.com/policy-and-politics/2020/6/22/21299484/trump-executive-order-immigration-h1b-visa-covid|title = A new Trump proclamation will block foreign workers. It could affect hundreds of thousands of foreigners stranded abroad.|date = June 22, 2020|accessdate = June 26, 2020|publisher = Vox|last = Narea|first = Nicola}}</ref>
+|-
+| 2020 || December 16 || Lawsuit || ''Innova Solutions v. Baran'' || Innova Solutions (plaintiff), Kathy A. Baran (director of California Service Center) (defendant) and by implication USCIS || No change || No change || No change || This would lead USCIS to reinstatement the December 22, 2000 Terry Way guidance memo on computer related positions (the reinstatement would happen on January 30, 2021) || In ''Innova Solutions v. Baran'', Innova Solutions sues Kathy A. Baran, director of the California Service Center of the USCIS, for denying the H-1B petition for Dilip Dodda, a citizen of India with a bachelor's degree, for work as a computer programmer. The USCIS's reasoning is that the position does not qualify as a specialty occupation; this is building on the rescission in March 2017 of the Terry Way memo whose guidance had been that computer-related positions should be considered specialty occupations in most cases. The verdict of the {{w|United States Court of Appeals for the Ninth Circuit}} rejects the USCIS's reasoning, considering that the ''{{w|Occupational Outlook Handbook}}'', that USCIS cites for support of its reasoning, contradicts USCIS. The verdict is critical of USCIS of equivocating "normally" to "always" and rejecting its synonymity with "typical".<ref>{{cite web|url = https://cdn.ca9.uscourts.gov/datastore/opinions/2020/12/16/19-16849.pdf|title = INNOVA SOLUTIONS, INC., Plaintiff-Appellant, v. KATHY A. BARAN, Director of California Service Center, U.S. Citizenship and Immigration Services, Defendant-Appellee.|date = December 16, 2020|accessdate = December 16, 2020|publisher = United States Court of Appeals for the Ninth Circuit}}</ref> This would lead USCIS to reverse its March 2017 rescission of the Terry Way guidance memo from December 22, 2000 according to which computer-related positions should (with some exceptions) be treated as specialty occupations.<ref name=rescission-terry-way/>
+|-
+| 2021 || January 30 || INS/USCIS guidance || Reinstatement of the December 22, 2000 “Guidance memo on H1B computer related positions” || USCIS || No change || No change || No change || Computer-related positions resume being considered a specialty occupation || Based on the 9th circuit decision in ''Innova Solutions v. Baran'', USCIS rescinds its rescission of the December 22, 2000 Terry Way memo "Guidance memo on H1B computer related positions" and reinstates the original memo.<ref name=rescission-terry-way/> The {{w|American Immigration Lawyers Association}} lists this change in the list of "proposed and promulgated changes to immigration-related regulations and policies issued during the first 100 days of the Biden administration."<ref name=aila-biden-100-days>{{cite web|url = https://www.aila.org/library/first-100-days/|title = Featured Issue: Early Immigration Actions Taken by the Biden Administration|date = April 29, 2021|accessdate = August 4, 2024|publisher = American Immigration Lawyers Association}}</ref>
+|-
+| 2021 || February 2 || Executive Order || Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans || President {{w|Joe Biden}} || No change || No change || No change || No immediate change (but leading up to changes that make the adjudication process less strict overall) || Shortly after assuming the presidency of the United States, {{w|Joe Biden}} issues an executive order that essentially seeks to return the legal immigration system (mostly) to the pre-Trump ''status quo''.<ref>{{cite web|url = https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/02/executive-order-restoring-faith-in-our-legal-immigration-systems-and-strengthening-integration-and-inclusion-efforts-for-new-americans/|title = Executive Order on Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans|date = February 2, 2021|accessdate = August 4, 2024|publisher = White House}}</ref> Though the H-1B is not referenced by name, the Section 3(a)(i) of the executive order, that asks DHS to "identify barriers that impede access to immigration benefits and fair, efficient adjudications of these benefits and make recommendations on how to remove these barriers, as appropriate and consistent with applicable law" would be cited in USCIS guidance reversing guidance issued during the Trump administration.<ref name=reinstatement-prior-approval-memo/>
+|-
+| 2021 || April 27 || INS/USCIS guidance || Policy Guidance on Deference to Previous Decisions || USCIS || No change || No change || No change || The policy of deferring to prior approvals, originally introduced in April 2004 and then rescinded in October 2017, is reinstated. || In accordance with President {{w|Joe Biden}}'s executive order, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, USCIS reinstates a policy of deferring to prior approvals in cases where the petitioner and beneficiary are the same as before.<ref name=reinstatement-prior-approval-memo/> This policy, originally introduced on April 23, 2004,<ref name=prior-approval-memo/> had been rescinded on October 23, 2017 by USCIS,<ref name=rescission-prior-approval-memo/> a move that had been seen as part of USCIS's efforts to comply with Donald Trump's executive order by making the adjudication process stricter.<ref name=bpc-battle-h-1b/> The reinstatement of the original policy is consistent with broader efforts by the Biden administration to return the H-1B processing to the pre-Trump ''status quo''.<ref name=bpc-uscis-biden-updates/>
+|}
+== H-1B petition data ==
+=== Data from USCIS on petitions and approvals ===
+This data is pieced together from the "Program Reports: H-1B" section of the Reports and Studies page on the USCIS website.<ref>{{cite web|url = https://www.uscis.gov/tools/reports-and-studies|title = Reports and Studies|accessdate = August 4, 2024|publisher = United States Citizenship and Immigration Services}}</ref> Data for the last column is not available for all years. From 2019 to 2020, there was a slight methodology change; a footnote explains: "Beginning in FY 2020, only petitions filed during a given fiscal year are counted in the number of petitions filed. This differs from prior year reports which reported data that were current at the time that the database was queried."
+As can be seen from the numbers here, the number of H-1B petitions filed as well as the number approved per fiscal year is significantly greater than the total cap of cap-subject H-1Bs (65,000 + 20,000 including the masters exemption). The difference is made up by both petitions corresponding to employers exempt from the cap (educational, nonprofit, and research organizations) and petitions from people who (a) had been cap-subject in the past, got selected, and have not yet exhausted the 6-year total under their cap, or (b) have a pending or approved Form I-140 and are therefore eligible for unlimited H-1B renewals while waiting for their immigrant visa or green card. (b) in particular is a growing category, particularly for people from India, due to the increasing backlog in immigrant visa availability.
+{| class="wikitable sortable" border="1"
+! Fiscal year !! Number of petitions filed in the fiscal year !! Number of petitions approved in the fiscal year !! Number of petitions filed and approved in the fiscal year (remaining approvals are from prior fiscal years)
+|-
+| 2000<ref name=h-1b-report-2004>{{cite web|url = https://www.uscis.gov/sites/default/files/document/data/h1b04annual_08_7.pdf|title = Report on H-1B Petitions Fiscal Year 2004 Annual Report October 1, 2003 – September 30, 2004|accessdate = August 4, 2024|publisher = United States Citizenship and Immigration Services}}</ref> || 299,046 || 257,640 ||
+|-
+| 2001<ref name=h-1b-report-2004/> || 342,035 || 331,206 ||
+|-
+| 2002<ref name=h-1b-report-2004/> || 215,190 || 197,537 ||
+|-
+| 2003<ref name=h-1b-report-2004/> || 231,030 || 217,340 ||
+|-
+| 2004<ref name=h-1b-report-2004/> || 312,200 || 287,418 || 240,245
+|-
+| 2005<ref name=h-1b-report-2005>{{cite web|url = https://www.uscis.gov/sites/default/files/document/data/h1b05annual_08_7.pdf|title = Report on H-1B Petitions Fiscal Year 2005 Annual Report October 1, 2004 – September 30, 2005|accessdate = August 4, 2024|publisher = United States Citizenship and Immigration Services}}</ref> || 266,474 || 267,131 || 212,100
+|-
+| 2006<ref name=h-1b-report-2006>{{cite web|url = https://www.uscis.gov/sites/default/files/document/reports/h1b_fy06_petitions_report_17mar08.pdf|title = Report on H-1B Petitions Fiscal Year 2006 Annual Report October 1, 2005 – September 30, 2006|accessdate = August 4, 2024|publisher = United States Citizenship and Immigration Services}}</ref> || 295,915 || 270,981 || 227,611
+|-
+| 2007<ref name=h-1b-report-2007>{{cite web|url = https://www.uscis.gov/sites/default/files/document/reports/h1b_fy07_petitions_report_01may09.pdf|title = Report on H-1B Petitions Fiscal Year 2007 Annual Report October 1, 2006 – September 30, 2007|accessdate = August 4, 2024|publisher = United States Citizenship and Immigration Services}}</ref> || 304,877 || 281,444 || 239,307
+|-
+| 2008<ref name=h-1b-report-2008>{{cite web|url = https://www.uscis.gov/sites/default/files/document/reports/h1b_fy08_petitions_report_08apr09.pdf|title = Report on H-1B Petitions Fiscal Year 2008 Annual Report October 1, 2007 – September 30, 2008|accessdate = August 4, 2024|publisher = United States Citizenship and Immigration Services}}</ref> || 288,764 || 276,252 || 239,936
+|-
+| 2009<ref name=h-1b-report-2009>{{cite web|url = https://www.uscis.gov/sites/default/files/document/reports/H-1B_FY_2009_Petitions_Report_-_final.pdf|title = Report on H-1B Petitions Fiscal Year 2009 Annual Report October 1, 2008 – September 30, 2009|accessdate = August 4, 2024|publisher = United States Citizenship and Immigration Services}}</ref> || 246,647 || 214,271 || 191,712
+|-
+| 2010<ref name=h-1b-report-2010>{{cite web|url = https://www.uscis.gov/sites/default/files/document/reports/FY10H-1BPetitions.pdf|title = Report on H-1B Petitions Fiscal Year 2010 Annual Report October 1, 2009 – September 30, 2010|accessdate = August 4, 2024|publisher = United States Citizenship and Immigration Services}}</ref> || 247,617 || 192,990 || 171,754
+|-
+| 2011<ref name=h-1b-report-2011>{{cite web|url = https://www.uscis.gov/sites/default/files/document/reports/h1b-fy-11--petitions.pdf|title = Report on H-1B Petitions Fiscal Year 2011 Annual Report to Congress October 1, 2010 – September 30, 2011|accessdate = August 4, 2024|publisher = United States Citizenship and Immigration Services}}</ref> || 267,654 || 269,653 || 207,915
+|-
+| 2012<ref name=h-1b-report-2012>{{cite web|url = https://www.uscis.gov/sites/default/files/document/reports/h1b-fy-12--petitions.pdf|title = Report on H-1B Petitions Fiscal Year 2012 Annual Report to Congress October 1, 2011 – September 30, 2012|accessdate = August 4, 2024|publisher = United States Citizenship and Immigration Services}}</ref> || 307,713 || 262,569 || 216,974
+|-
+| 2013<ref name=h-1b-report-2013>{{cite web|url = https://www.uscis.gov/sites/default/files/document/reports/FY_2013_H-1B_Petitions_Report_326.pdf|title = Report on H-1B Petitions Fiscal Year 2013 Annual Report to Congress October 1, 2012 – September 30, 2013|accessdate = August 4, 2024|publisher = United States Citizenship and Immigration Services}}</ref> || 299,467 || 286,773 || 219,147
+|-
+| 2014<ref name=h-1b-report-2014>{{cite web|url = https://www.uscis.gov/sites/default/files/document/reports/FY_2014_H-1B_Petitions_Report_SIGNED.pdf|title = Report on H-1B Petitions Fiscal Year 2014 Annual Report to Congress October 1, 2013 – September 30, 2014|accessdate = August 4, 2024|publisher = United States Citizenship and Immigration Services}}</ref> || 318,824 || 315,857 || 258,447
+|-
+| 2015<ref name=h-1b-report-2015>{{cite web|url = https://www.uscis.gov/sites/default/files/document/reports/H-1B-FY-2015-Petitions.pdf|title = Report on H-1B Petitions Fiscal Year 2015 Annual Report to Congress October 1, 2014 – September 30, 2015|date = February 16, 2016|accessdate = August 4, 2024|publisher = United States Citizenship and Immigration Services}}</ref> || 348,669 || 275,317 ||
+|-
+| 2016<ref name=h-1b-report-2016>{{cite web|url = https://www.uscis.gov/sites/default/files/document/reports/H-1B-FY-2016-Petitions.pdf|title = Report on H-1B Petitions Fiscal Year 2016 Annual Report to Congress October 1, 2015 - September 30, 2016|accessdate = August 4, 2024|publisher = United States Citizenship and Immigration Services}}</ref> || 398,718 || 345,262 ||
+|-
+| 2017<ref name=h-1b-report-2017>{{cite web|url = https://www.uscis.gov/sites/default/files/document/reports/FY-2017-Annual-Report-H-1B-Petitions.pdf|title = Report on H-1B Petitions Fiscal Year 2017 Annual Report to Congress October 1, 2016 – September 30, 2017|date = April 9, 2018|accessdate = August 4, 2024|publisher = United States Citizenship and Immigration Services}}</ref> (note: the annual reports for fiscal year 2020 onward report slightly different values due to change in methodology)  || 403,675 || 365,682
+|-
+| 2018<ref name=h-1b-report-2018>{{cite web|url = https://www.uscis.gov/sites/default/files/document/reports/FY-2018-Annual-Report-H-1B-Petitions.pdf|title = Report on H-1B Petitions Fiscal Year 2018 Annual Report to Congress October 1, 2017 - September 30, 2018|date = March 18, 2019|accessdate = August 4, 2024|publisher = United States Citizenship and Immigration Services}}</ref> (note: the annual reports for fiscal year 2020 onward report slightly different values due to change in methodology) || 418,799 || 332,358 ||
+|-
+| 2019<ref name=h-1b-report-2019>{{cite web|url = https://www.uscis.gov/sites/default/files/document/reports/H-1B_Petitions_FY19_Annual_Report.pdf|title = Report on H-1B Petitions Fiscal Year 2019 Annual Report to Congress October 1, 2018 - September 30, 2019|accessdate = August 4, 2024|publisher = United States Citizenship and Immigration Services}}</ref> (note: the annual reports for fiscal year 2020 onward report slightly different values due to change in methodology) || 420,549 || 388,403 ||
+|-
+| 2020<ref name=h-1b-report-2020>{{cite web|url = https://www.uscis.gov/sites/default/files/document/reports/FY-2020-Annual-Report-H-1B-Petitions.pdf|title = Report on H-1B Petitions Fiscal Year 2020 Annual Report to Congress October 1, 2019 – September 30, 2020|accessdate = August 4, 2024|publisher = United States Citizenship and Immigration Services}}</ref> || 427,245 || 426,710 ||
+|-
+| 2021<ref name=h-1b-report-2021>{{cite web|url = https://www.uscis.gov/sites/default/files/document/reports/%5BOLA%20Signed%5D_Congressional_Report_on_H-1B_Petitions_FY2021_2.9.22.pdf|title = Report on H-1B Petitions Fiscal Year 2021 Annual Report to Congress October 1, 2020 – September 30, 2021|date = February 9, 2022|accessdate = August 4, 2024|publisher = United States Citizenship and Immigration Services}}</ref> || 398,269 || 407,071 ||
+|-
+| 2022<ref name=h-1b-report-2022>{{cite web|url = https://www.uscis.gov/sites/default/files/document/reports/FY-2022-Annual-Report-H-1B-Petitions.pdf|title = Report on H-1B Petitions Fiscal Year 2022 Annual Report to Congress October 1, 2021 – September 30, 2022|date = February 22, 2023|accessdate = August 4, 2024|publisher = United States Citizenship and Immigration Services}}</ref> || 474,301 || 442,043 ||
+|-
+| 2023<ref name=h-1b-report-2023>{{cite web|url = https://www.uscis.gov/sites/default/files/document/reports/FY-2023-Annual-Report-H-1B-Petitions.pdf|title = Fiscal Year 2023: H-1B Petitions Annual Report to Congress October 1, 2022 - September 30, 2023|date = February 7, 2024|accessdate = August 4, 2024|publisher = United States Citizenship and Immigration Services}}</ref> || 386,584 || 386,340 ||
 |}
 == H-1B annual cycle dates ==
-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.
+=== Data fiscal year 2021 onward ===
+Fiscal year 2021 was the first year that the USCIS moved its lottery selection to before the start date of filing.<ref name=shrm-h-1b-lottery-changes/> We'll make a table here once we have at least two years of data on the new lottery system, as we'll have a clearer idea then what dates can vary year-over-year.
+Due to the {{w|COVID-19 pandemic in the United States}}, the USCIS announced on March 20, 2020 that Premium Processing Service would be suspended for all petitions (for both Form I-129 and I-140) effective immediately, and any requests not already accepted would be returned, along with the payment being returned. Already submitted requests for Premium Processing would be refunded if the USCIS failed to take action on the case within the promised 15-day period.<ref>{{cite web|url = https://www.uscis.gov/working-united-states/temporary-workers/uscis-announces-temporary-suspension-premium-processing-all-i-129-and-i-140-petitions-due-coronavirus-pandemic|title = USCIS Announces Temporary Suspension of Premium Processing for All I-129 and I-140 Petitions Due to the Coronavirus Pandemic|date = March 20, 2020|accessdate = March 28, 2020|publisher = United States Citizenship and Immigration Services}}</ref> This follows a previous announcement of temporary suspension of Premium Processing for cap-subject H-1B petitions for fiscal year 2021, with the earliest possible date of resumption of Premium Processing for that category being June 29, 2020.<ref>{{cite web|url = https://www.uscis.gov/news/alerts/uscis-announces-temporary-suspension-premium-processing-fy2021-cap-subject-petitions|title = USCIS Announces Temporary Suspension of Premium Processing for FY2021 Cap-Subject Petitions|date = March 16, 2020|accessdate = March 28, 2020|publisher = United States Citizenship and Immigration Services}}</ref>
-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.
+=== Data fiscal year 2006 to fiscal year 2020 (after the H-1B Visa Reform Act of 2004; no major legislative changes) ===
-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.
+The annual caps for H-1B (65,000 regular cap-subject, 20,000 for people with U.S. Masters degrees) 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.
-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/>
+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. 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.
-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).
+Starting with fiscal year 2006, USCIS has implemented a lottery to determine what petitions to adjudicate 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/>
+For fiscal year 2008, USCIS had to close petitions after just two days of receiving petitions.<ref name=fy-08-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 now wait at least the first five working days of April to receive petitions, and, if enough petitions were received in the first five days, 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=fy-09-h-1b-lottery/> 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, for fiscal years 2014 through 2017, pre-announced delays in the beginning of countdown for Premium Processing Service; the 15-day countdown for petitions submitted between April 1 and this delayed start date would start on the delayed start date, rather than the date the petition was received. For fiscal years 2018 and 2019, Premium Processing Service was suspended entirely during the cap season.
+{| class="wikitable sortable"
+! Fiscal year !! 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 !! Last date the USCIS accepted petitions for the 20,000 masters degree positions !!  Lottery used to select petitions for processing? !! Number of petitions received in initial period, if available (5 days starting FY 2009)
+|-
+| Fiscal year 2006 (begins October 1, 2005) || N/A || N/A || April 1, 2005 || August 10, 2005<ref>{{cite web|url = https://www.uscis.gov/sites/default/files/files/pressrelease/H-1Bcap_12Aug05.pdf|archiveurl = https://web.archive.org/web/20190824131403/https://www.uscis.gov/sites/default/files/files/pressrelease/H-1Bcap_12Aug05.pdf|archivedate = August 24, 2019|title = USCIS Reached H-1B Cap|date = August 12, 2005|accessdate = March 19, 2022|publisher = United States Citizenship and Immigration Services}}</ref> || January 17, 2006<ref name="Lottery Data"/> || Only for last-day petitions || N/A
+|-
+| 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|archiveurl = https://web.archive.org/web/20190824132738/https://www.uscis.gov/sites/default/files/files/pressrelease/FY07H1Bcap_060106PR.pdf|archivedate = August 24, 2019|title = USCIS Reaches H-1B Cap|date = June 1, 2006|accessdate = March 19, 2022|publisher = United States Citizenship and Immigration Services}}</ref> || July 26, 2006<ref name="Lottery Data"/> || Only for last-day petitios || N/A
+|-
+| Fiscal year 2008 (begins October 1, 2007) || N/A || N/A || April 2, 2007<ref name=fy-08-h-1b-lottery/> || April 3, 2007<ref name=fy-08-h-1b-lottery>{{cite web|url = https://www.uscis.gov/sites/default/files/files/pressrelease/H1BFY08Cap040307.pdf|archiveurl = https://web.archive.org/web/20180828102407/https://www.uscis.gov/sites/default/files/files/pressrelease/H1BFY08Cap040307.pdf|archivedate = August 28, 2018|title = USCIS Reached FY 2008 H-1B Cap|date = April 3, 2007|accessdate = August 12, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || April 30, 2007<ref>{{cite web|url = https://www.uscis.gov/sites/default/files/files/pressrelease/H1Bfy08CapUpdate050407.pdf|title = USCIS REACHES H-1B EXEMPTION CAP FOR FISCAL YEAR 2008: 20,000 Slots Reserved for Aliens with Master’s Degrees or Higher Exhausted|date = May 4, 2007|accessdate = March 19, 2022|publisher = United States Citizenship and Immigration Services}}</ref> || Only for last-day petitions || 150,000 by afternoon of April 2
+|-
+| Fiscal year 2009 (begins October 1, 2008) || April 14, 2008<ref name=fy-09-h-1b-lottery/> || April 14, 2008<ref name=fy-09-h-1b-lottery/>|| April 1, 2008<ref name=fy-09-h-1b-lottery/> || April 7, 2008<ref name=fy-09-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 = March 19, 2022|publisher = United States Citizenship and Immigration Services}}</ref> || April 7, 2008<ref name=fy-09-h-1b-lottery/> || Yes || 163,000
+|-
+| 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|archiveurl = https://web.archive.org/web/20190824112400/https://www.uscis.gov/archive/archive-news/uscis-updates-count-fy2010-h-1b-petition-filings-0|archivedate = August 24, 2019|title = USCIS Updates Count of FY2010 H-1B Petition Filings|date = April 20, 2009|accessdate = March 19, 2022|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|archiveurl = https://web.archive.org/web/20180828104521/https://www.uscis.gov/news/public-releases-topic/visas-h-1b/2010-h-1b-petition-season|archivedate = March 19, 2022|title = 2010 H-1B Petition Season|date = April 8, 2009|accessdate = March 19, 2022|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|archiveurl = https://web.archive.org/web/20190824103835/https://www.uscis.gov/archive/archive-news/uscis-reaches-fy-2010-h-1b-cap|archivedate = August 24, 2019|title = USCIS Reaches FY 2010 H-1B Cap|date = December 22, 2009|accessdate = March 19, 2022}}</ref> || July 9, 2009<ref name="Lottery Data"/> || Only for last-day petitions || N/A
+|-
+| Fiscal year 2011 (begins October 1, 2010) || April 8, 2010<ref name=fy-2011-pps-update>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-continues-accept-fy-2011-h-1b-petitions|archiveurl = https://web.archive.org/web/20190824091017/https://www.uscis.gov/archive/archive-news/uscis-continues-accept-fy-2011-h-1b-petitions|archivedate = August 24, 2019|title = USCIS Continues to Accept FY 2011 H-1B Petitions|date = April 8, 2010|accessdate = August 12, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || April 7, 2010<ref name=fy-2011-pps-update/> || April 1, 2010<ref>{{cite web|url = http://www.livesaymyers.com/uscis-to-accept-h-1b-petitions-for-fiscal-year-2011-beginning-april-1-2010/|title = USCIS to Accept H-1B Petitions for Fiscal year 2011 Beginning April 1, 2010|last = Lindsay|first = James|date = March 9, 2010|accessdate = August 12, 2017|publisher = Lindsay & Myers}}</ref> || January 26, 2011<ref>{{cite web|url = https://www.uscis.gov/archive/uscis-reaches-fy-2011-h-1b-cap|title = USCIS Reaches FY 2011 H-1B Cap|date = January 27, 2011|accessdate = August 12, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || December 22, 2010<ref name="Lottery Data"/> || Only for last-day petitions || N/A
+|-
+| Fiscal year 2012 (begins October 1, 2011) || April 8, 2011<ref name=fy-12-continued-acceptance>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-continues-accept-fy-2012-h-1b-petitions|title = USCIS Continues to Accept FY 2012 H-1B Petitions|date = April 8, 2011|accessdate = August 12, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || April 7, 2011<ref name=fy-12-continued-acceptance/> || April 1, 2011<ref>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-start-accepting-h-1b-petitions-fy-2012-april-1-2011|title = USCIS to Start Accepting H-1B Petitions for FY 2012 on April 1, 2011|date = March 18, 2011|accessdate = August 12, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || November 22, 2011<ref>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-reaches-fiscal-year-2012-h-1b-cap|title = USCIS Reaches Fiscal year 2012 H-1B Cap|publisher = United States Citizenship and Immigration Services}}</ref> || October 19, 2011<ref name="Lottery Data"/> || Only for last-day petitions || N/A
+|-
+| Fiscal year 2013 (begins October 1, 2012) || N/A || N/A || April 2, 2012<ref name=fy-13-h-1b-announcement>{{cite web|url = https://www.uscis.gov/archive/uscis-continues-to-accept-fy-2012-h-1b-petitions|title = USCIS to Accept H-1B Petitions for Fiscal year 2013 Beginning April 2, 2012|date = March 27, 2012|accessdate = March 19, 2022|publisher = United States Citizenship and Immigration Services}}</ref> || June 11, 2012<ref name=fy-13-cap-reached>{{cite web|url = https://www.uscis.gov/archive/uscis-reaches-fiscal-year-2013-h-1b-cap|title = USCIS Reaches Fiscal year 2013 H-1B Cap|date = June 12, 2012|accessdate = March 19, 2022|publisher = United States Citizenship and Immigration Services}}</ref> || June 7, 2012<ref name=fy-13-cap-reached/><ref name="Lottery Data"/> || No || N/A
+|-
+| Fiscal year 2014 (begins October 1, 2013) || March 15, 2013<ref name=fy-14-h-1b-announcement>{{cite web|url=https://www.uscis.gov/archive/uscis-to-accept-h-1b-petitions-for-fiscal-year-2014-on-april-1-2013|title = USCIS to Accept H-1B Petitions for Fiscal year 2014 on April 1, 2013|date = March 15, 2013|accessdate = March 19, 2022|publisher = United States Citizenship and Immigration Services}}</ref><ref name=aila-h-1b-pps-delay>{{cite web|url=http://www.aila.org/infonet/uscis-delay-processing-h-1b-cap-subject-petitions|title = USCIS to Delay Premium Processing for H-1B Cap-Subject Petitions Until April 15, 2013|publisher = American Immigration Lawyers Association|accessdate = April 5, 2015}}</ref> || April 15, 2013<ref name=fy-14-h-1b-announcement/><ref name=aila-h-1b-pps-delay/> || April 1, 2013<ref name=fy-14-h-1b-announcement/> || April 5, 2013<ref name=fy-14-cap-reached>{{cite web|url=https://www.uscis.gov/archive/uscis-reaches-fy-2014-h-1b-cap|title = USCIS Reaches FY 2014 H-1B Cap|date = April 8, 2013|accessdate = March 19, 2022}}</ref> || April 5, 2013<ref name=fy-14-cap-reached/> || Yes || 124,000<ref name=fy-14-cap-reached/>
+|-
+| Fiscal year 2015 (begins October 1, 2014) || March 25, 2014<ref name=fy-15-h-1b-pps-delay-announcement>{{cite web|url=https://www.uscis.gov/archive/uscis-to-begin-premium-processing-of-h-1b-cap-subject-petitions-by-april-28-2014|title = USCIS to Begin Premium Processing of H-1B Cap-Subject Petitions by April 28, 2014|date = March 25, 2014|accessdate = March 19, 2022|publisher = United States Citizenship and Immigration Services}}</ref> || April 28, 2014<ref name=fy-15-h-1b-pps-delay-announcement/> || April 1, 2014<ref>{{cite web|url=https://www.uscis.gov/archive/uscis-to-accept-h-1b-petitions-for-fiscal-year-2015-beginning-april-1-2014|title = USCIS to Accept H-1B Petitions for Fiscal year 2015 Beginning April 1, 2014|date = March 25, 2014|accessdate = March 19, 2022|publisher = United States Citizenship and Immigration Services}}</ref> || April 7, 2014<ref name=fy-15-cap-reached>{{cite web|url=https://www.uscis.gov/archive/uscis-reaches-fy-2015-h-1b-cap|title = USCIS Reaches FY 2015 H-1B Cap|date = April 7, 2014|accessdate = March 19, 2022|publisher = United States Citizenship and Immigration Services}}</ref> || April 7, 2014<ref name=fy-15-cap-reached/> || Yes || 172,500 (non-official source)<ref name="Lottery Data"/>
+|-
+| Fiscal year 2016 (begins October 1, 2015) || March 12, 2015<ref name=fy-16-h-1b-announcement>{{cite web|url=https://www.uscis.gov/archive/uscis-will-accept-h-1b-petitions-for-fiscal-year-2016-beginning-april-1-2015|title = USCIS Will Accept H-1B Petitions for Fiscal year 2016 Beginning April 1, 2015|date = March 12, 2015|accessdate = March 19, 2022|publisher = United States Citizenship and Immigration Services}}</ref> || May 11, 2015 (initially announced)<ref name=fy-16-h-1b-announcement/><br>Later revised to April 27, 2015<ref>{{cite web|url=https://www.uscis.gov/archive/h-1b-cap-premium-processing-to-begin-april-27|title = H-1B Cap Premium Processing to Begin April 27|date = April 14, 2015|accessdate = March 19, 2022}}</ref> || April 1, 2015<ref name=fy-16-h-1b-announcement/> || April 7, 2015<ref name=fy-16-cap-reached>{{cite web|url=https://www.uscis.gov/archive/uscis-reaches-fy-2016-h-1b-cap|title = USCIS Reaches FY 2016 H-1B Cap|publisher = United States Citizenship and Immigration Services|date = April 7, 2015|accessdate = April 20, 2015}}</ref> || April 7, 2015<ref name=fy-16-cap-reached/> || Yes || 233,000 (non-official source)<ref name="Lottery Data"/>
+|-
+|Fiscal year 2017 (begins October 1, 2016) || March 16, 2016<ref name=fy-17-h-1b-announcement>{{cite web|url = https://www.uscis.gov/archive/uscis-will-accept-h-1b-petitions-for-fiscal-year-2017-beginning-april-1-2016|title = USCIS Will Accept H-1B Petitions for Fiscal year 2017 Beginning April 1, 2016|publisher = United States Citizenship and Immigration Services|date = March 16, 2016|accessdate = March 19, 2022}}</ref> || May 16, 2016 (initially announced)<ref name=fy-17-h-1b-announcement/><br>Later revised to May 12, 2016<ref>{{cite web|url = https://www.uscis.gov/archive/fiscal-year-2017-h-1b-cap-premium-processing-to-begin-may-12|title = Fiscal year 2017 H-1B Cap Premium Processing to Begin May 12|date = April 25, 2016|accessdate = March 4, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || April 1, 2016<ref name=fy-17-h-1b-announcement/> || April 7, 2016<ref name=fy-17-cap-reached>{{cite web|url = https://www.uscis.gov/archive/uscis-reaches-fy-2017-h-1b-cap|title = USCIS Reaches FY 2017 H-1B Cap|date = April 7, 2016|accessdate = March 4, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || April 7, 2016<ref name=fy-17-cap-reached/> || Yes || ??
+|-
+|Fiscal year 2018 (begins October 1, 2017) || N/A (Premium Processing suspended) || N/A (Premium Processing suspended) || April 3, 2017<ref>{{cite web|url = https://www.uscis.gov/archive/uscis-will-accept-h-1b-petitions-for-fiscal-year-2018-beginning-april-3|title = USCIS Will Accept H-1B Petitions for Fiscal year 2018 Beginning April 3|date = March 15, 2017|accessdate = August 13, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || April 7, 2017<ref name=fy-18-cap-reached>{{cite web|url = https://www.uscis.gov/archive/uscis-reaches-fy-2018-h-1b-cap|title = USCIS Reaches FY 2018 H-1B Cap|date = April 7, 2017|accessdate = March 19, 2022|publisher = United States Citizenship and Immigration Services}}</ref> || April 7, 2017<ref name=fy-18-cap-reached/> || Yes || ??
+|-
+| Fiscal year 2019 (begins October 1, 2018) || N/A (Premium Processing suspended) || N/A (Premium Processing suspended) || April 2, 2018<ref>{{cite web|url = https://www.uscis.gov/archive/uscis-will-temporarily-suspend-premium-processing-for-fiscal-year-2019-h-1b-cap-petitions|title = USCIS Will Temporarily Suspend Premium Processing for Fiscal year 2019 H-1B Cap Petitions|date = March 20, 2018|accessdate = March 19, 2022|publisher = United States Citizenship and Immigration Services}}</ref> || April 6, 2018<ref name=fy-19-cap-reached>{{cite web|url = https://www.uscis.gov/archive/uscis-reaches-fy-2019-h-1b-cap|title = USCIS Reaches FY 2019 H-1B Cap|date = April 6, 2018|accessdate = March 19, 2022|publisher = United States Citizenship and Immigration Services}}</ref> || April 6, 2018<ref name=fy-19-cap-reached/> || Yes || ??
+|-
+|Fiscal year 2020 (begins October 1, 2019) || March 19, 2019<ref name=fy-20-h-1b-announcement>{{cite web|url = https://www.uscis.gov/archive/uscis-announces-fy-2020-h-1b-cap-season-start-updates-and-changes|title = USCIS Announces FY 2020 H-1B Cap Season Start, Updates, and Changes|publisher = United States Citizenship and Immigration Services|date = March 19, 2019|accessdate = March 19, 2022}}</ref> || May 20, 2019 for cap-subject change of status petitions;<ref>{{cite web|url = https://www.uscis.gov/news/alerts/premium-processing-begins-certain-cap-subject-h-1b-petitions-may-20|title = Premium Processing Begins for Certain Cap-Subject H-1B Petitions on May 20|publisher = United States Citizenship and Immigration Services|date = March 29, 2019|accessdate = March 19, 2022}}</ref> June 10, 2019 for other cap-subject petitions (precise date announced June 7, 2019)<ref>{{cite web|url = https://www.uscis.gov/news/alerts/premium-processing-begins-remaining-h-1b-cap-subject-petitions-june-10|title = Premium Processing Begins for Remaining H-1B Cap-Subject Petitions on June 10|publisher = United States Citizenship and Immigration Services|date = June 7, 2019|accessdate = January 25, 2020}}</ref> || April 1, 2019<ref name=fy-20-h-1b-announcement/> || April 5, 2019<ref name=fy-20-cap-reached>{{cite web|url = https://www.uscis.gov/news/alerts/uscis-reaches-fy-2020-h-1b-regular-cap|title = USCIS Reaches FY 2020 H-1B Regular Cap|date = April 5, 2019|accessdate = January 25, 2020|publisher = United States Citizenship and Immigration Services}}</ref> || April 5, 2019<ref name=fy-20-cap-reached/> || Yes || ??
+|}
-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.
+There are also some other online sources tabulating H-1B cap season since the mid-2000s.<ref name=aic-h-1b-fact-sheet>{{cite web|url = https://www.americanimmigrationcouncil.org/research/h1b-visa-program-fact-sheet|title = The H-1B Visa Program: A Primer on the Program and Its Impact on Jobs, Wages, and the Economy|date = April 1, 2016|accessdate = August 13, 2017|publisher = American Immigration Council}}</ref><ref name=redbus2us-cap-reach-dates>{{cite web|url = https://redbus2us.com/h1b-visa-cap-reach-dates-history-graphs-uscis-data/|title = H1B Visa Cap Reach Dates History 2000 to 2018 – Graph – USCIS Data|author = Kumar|date = June 19, 2017|accessdate = August 13, 2017}}</ref><ref name="Lottery Data">{{cite web|title=H-1B Petition Data  FY1992  – Present|url=https://www.uschamber.com/assets/archived/images/documents/files/uscc-uscis-h1b-petition-data-and-cap-dates-fy92-fy16_2.pdf|accessdate = March 19, 2022}}</ref>
-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.
+=== Data before Fiscal year 2006 ===
-There are also some other online sources tabulating H-1B cap season since the mid-2000s.<ref name=aic-h-1b-fact-sheet>{{cite web|url = https://www.americanimmigrationcouncil.org/research/h1b-visa-program-fact-sheet|title = The H-1B Visa Program: A Primer on the Program and Its Impact on Jobs, Wages, and the Economy|date = April 1, 2016|accessdate = August 13, 2017|publisher = American Immigration Council}}</ref><ref name=redbus2us-cap-reach-dates>{{cite web|url = https://redbus2us.com/h1b-visa-cap-reach-dates-history-graphs-uscis-data/|title = H1B Visa Cap Reach Dates History 2000 to 2018 – Graph – USCIS Data|author = Kumar|date = June 19, 2017|accessdate = August 13, 2017}}</ref>
+This period was characterized by significant flux in caps as well as the way petitions count toward the cap. Notes explaining the reason for changes in numbers are included. See the [[#Full timeline]] for more context on the specific changes. Data is from the United States Chamber of Commerce.<ref name="Lottery Data"/>
 {| class="wikitable sortable"
-! 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 !! Cap !! Number used !! Date cap reached !! Explanation of changes to cap !! Explanation of changes to number used or date cap reached
 |-
-| Fiscal Year 2006 (begins October 1, 2005) || N/A || N/A || April 1, 2005 || August 10, 2005<ref>{{cite web|url = https://www.uscis.gov/sites/default/files/files/pressrelease/H-1Bcap_12Aug05.pdf|title = USCIS Reached H-1B Cap|date = August 12, 2005|accessdate = August 13, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || No
+| Fiscal year 1992 (begins October 1, 1991) || 65,000 || 48,600 || N/A || N/A || N/A
 |-
-| 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 1993 (begins October 1, 1992) || 65,000 || 61,600 || N/A || N/A || N/A
 |-
-| 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 1994 (begins October 1, 1993) || 65,000 || 60,300 || N/A || N/A || N/A
 |-
-| 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 1995 (begins October 1, 1994) || 65,000 || 54,200 || N/A || N/A || N/A
 |-
-| 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 1996 (begins October 1, 1995) || 65,000 || 55,100 || N/A || N/A || N/A
 |-
-| Fiscal Year 2011 (begins October 1, 2010) || April 8, 2010<ref name=fy-2011-pps-update>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-continues-accept-fy-2011-h-1b-petitions|title = USCIS Continues to Accept FY 2011 H-1B Petitions|date = April 8, 2010|accessdate = August 12, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || April 7, 2010<ref name=fy-2011-pps-update/> || April 1, 2010<ref>{{cite web|url = http://www.livesaymyers.com/uscis-to-accept-h-1b-petitions-for-fiscal-year-2011-beginning-april-1-2010/|title = USCIS to Accept H-1B Petitions for Fiscal Year 2011 Beginning April 1, 2010|last = Lindsay|first = James|date = March 9, 2010|accessdate = August 12, 2017|publisher = Lindsay & Myers}}</ref> || January 26, 2011<ref>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-reaches-fy-2011-h-1b-cap|title = USCIS Reaches FY 2011 H-1B Cap|date = January 27, 2011|accessdate = August 12, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || No
+| Fiscal year 1997 (begins October 1, 1996) || 65,000 || 65,000 || September 1, 1997 || N/A || N/A
 |-
-| Fiscal Year 2012 (begins October 1, 2011) || April 8, 2011<ref>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-continues-accept-fy-2012-h-1b-petitions|title = USCIS Continues to Accept FY 2012 H-1B Petitions|date = April 8, 2011|accessdate = August 12, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || April 7, 2011 || April 1, 2011<ref>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-start-accepting-h-1b-petitions-fy-2012-april-1-2011|title = USCIS to Start Accepting H-1B Petitions for FY 2012 on April 1, 2011|date = March 18, 2011|accessdate = August 12, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || November 22, 2011<ref>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-reaches-fiscal-year-2012-h-1b-cap|title = USCIS Reaches Fiscal Year 2012 H-1B Cap|publisher = United States Citizenship and Immigration Services}}</ref> || No
+| Fiscal year 1998 (begins October 1, 1997) || 65,000 || 65,000 || May 1, 1998 || N/A || N/A
 |-
-| Fiscal Year 2013 (begins October 1, 2012) || N/A || N/A || April 2, 2012<ref name=fy-13-h-1b-announcement>{{cite web|url = https://www.uscis.gov/news/uscis-accept-h-1b-petitions-fiscal-year-2013-beginning-april-2-2012|title = USCIS to Accept H-1B Petitions for Fiscal Year 2013 Beginning April 2, 2012|date = March 27, 2012|accessdate = August 12, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || 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)<ref>{{cite web|url = https://www.uscis.gov/news/uscis-reaches-fiscal-year-2013-h-1b-cap|title = USCIS Reaches Fiscal Year 2013 H-1B Cap|date = June 12, 2012|accessdate = August 12, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || No
+| Fiscal year 1999 (begins October 1, 1998) || 115,000 || 115,000 || June 15, 1999 || {{w|American Competitiveness and Workforce Improvement Act}} (ACWIA) temporarily increases cap || Increased demand for programmers due to the {{w|dot-com bubble}}
 |-
-| Fiscal Year 2014 (begins October 1, 2013) || March 15, 2013<ref name=fy-14-h-1b-announcement>{{cite web|url=http://www.uscis.gov/news/uscis-accept-h-1b-petitions-fiscal-year-2014-april-1-2013|title = USCIS to Accept H-1B Petitions for Fiscal Year 2014 on April 1, 2013|date = March 15, 2013|accessdate = April 20, 2015|publisher = United States Citizenship and Immigration Services}}</ref><ref name=aila-h-1b-pps-delay>{{cite web|url=http://www.aila.org/infonet/uscis-delay-processing-h-1b-cap-subject-petitions|title = USCIS to Delay Premium Processing for H-1B Cap-Subject Petitions Until April 15, 2013|publisher = American Immigration Lawyers Association|accessdate = April 5, 2015}}</ref> || April 15, 2013<ref name=fy-14-h-1b-announcement/><ref name=aila-h-1b-pps-delay/> || April 1, 2013<ref name=fy-14-h-1b-announcement/> || April 5, 2013<ref>{{cite web|url=http://www.uscis.gov/news/uscis-reaches-fy-2014-h-1b-cap|title = USCIS Reaches FY 2014 H-1B Cap|date = April 8, 2013|accessdate = April 20, 2015}}</ref> || Yes
+| Fiscal year 2000 (begins October 1, 1999) || 115,000 || 115,000 || July 21, 2000 || N/A || N/A
 |-
-| Fiscal Year 2015 (begins October 1, 2014) || March 25, 2014<ref name=fy-15-h-1b-pps-delay-announcement>{{cite web|url=http://www.uscis.gov/news/alerts/uscis-begin-premium-processing-h-1b-cap-subject-petitions-april-28-2014|title = USCIS to Begin Premium Processing of H-1B Cap-Subject Petitions by April 28, 2014|date = March 25, 2014|accessdate = April 20, 2015|publisher = United States Citizenship and Immigration Services}}</ref> || April 28, 2014<ref name=fy-15-h-1b-pps-delay-announcement/> || April 1, 2014<ref>{{cite web|url=http://www.uscis.gov/news/uscis-accept-h-1b-petitions-fiscal-year-2015-beginning-april-1-2014|title = USCIS to Accept H-1B Petitions for Fiscal Year 2015 Beginning April 1, 2014|date = March 25, 2014|accessdate = April 20, 2015|publisher = United States Citizenship and Immigration Services}}</ref> || April 7, 2014<ref>{{cite web|url=http://www.uscis.gov/news/uscis-reaches-fy-2015-h-1b-cap|title = USCIS Reaches FY 2015 H-1B Cap|date = April 7, 2014|accessdate = April 20, 2015|publisher = United States Citizenship and Immigration Services}}</ref> || Yes
+| Fiscal year 2001 (begins October 1, 2000) || 195,000 || 163,600 || N/A || {{w|American Competitiveness in the 21st Century Act}} (AC21) temporary increases cap || N/A
 |-
-| Fiscal Year 2016 (begins October 1, 2015) || March 12, 2015<ref name=fy-16-h-1b-announcement>{{cite web|url=http://www.uscis.gov/news/uscis-will-accept-h-1b-petitions-fiscal-year-2016-beginning-april-1-2015|title = USCIS Will Accept H-1B Petitions for Fiscal Year 2016 Beginning April 1, 2015|date = March 12, 2015|accessdate = April 20, 2015|publisher = United States Citizenship and Immigration Services}}</ref> || May 11, 2015 (initially announced)<ref name=fy-16-h-1b-announcement/><br>Later revised to April 27, 2015<ref>{{cite web|url=http://www.uscis.gov/news/alerts/h-1b-cap-premium-processing-begin-april-27|title = H-1B Cap Premium Processing to Begin April 27|date = April 14, 2015|accessdate = June 3, 2015}}</ref> || April 1, 2015<ref name=fy-16-h-1b-announcement/> || April 7, 2015<ref>{{cite web|url=http://www.uscis.gov/news/news-releases/uscis-reaches-fy-2016-h-1b-cap|title = USCIS Reaches FY 2016 H-1B Cap|publisher = United States Citizenship and Immigration Services|date = April 7, 2015|accessdate = April 20, 2015}}</ref> || Yes
+| Fiscal year 2002 (begins October 1, 2001) || 195,000 || 79,100 || N/A || N/A || Two effects. First, the various provisions of AC21 that mean fewer petitions (including change of job, and petitions by nonprofit research institutions) count toward the cap. Second, the dot-com bubble gives way to the {{w|early 2000s recession}}
 |-
-|Fiscal Year 2017 (begins October 1, 2016) || March 16, 2016<ref name=fy-17-h-1b-announcement>{{cite web|url = https://www.uscis.gov/news/news-releases/uscis-will-accept-h-1b-petitions-fiscal-year-2017-beginning-april-1-2016|title = USCIS Will Accept H-1B Petitions for Fiscal Year 2017 Beginning April 1, 2016|publisher = United States Citizenship and Immigration Services|date = March 16, 2016|accessdate = March 26, 2016}}</ref> || May 16, 2016 (initially announced)<ref name=fy-17-h-1b-announcement/><br>Later revised to May 12, 2016<ref>{{cite web|url = https://www.uscis.gov/news/fiscal-year-2017-h-1b-cap-premium-processing-begin-may-12|title = Fiscal Year 2017 H-1B Cap Premium Processing to Begin May 12|date = April 25, 2016|accessdate = March 4, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || April 1, 2016<ref name=fy-17-h-1b-announcement/> || April 7, 2016<ref>{{cite web|url = https://www.uscis.gov/news/news-releases/uscis-reaches-fy-2017-h-1b-cap|title = USCIS Reaches FY 2017 H-1B Cap|date = April 7, 2016|accessdate = March 4, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || Yes
+| Fiscal year 2003 (begins October 1, 2002) || 195,000 || 78,000 || N/A || N/A || N/A
 |-
-|Fiscal Year 2018 (begins October 1, 2017) || N/A (Premium Processing suspended) || N/A (Premium Processing suspended) || April 3, 2017<ref>{{cite web|url = https://www.uscis.gov/news/news-releases/uscis-will-accept-h-1b-petitions-fiscal-year-2018-beginning-april-3|title = USCIS Will Accept H-1B Petitions for Fiscal Year 2018 Beginning April 3|date = March 15, 2017|accessdate = August 13, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || April 7, 2017<ref>{{cite web|url = https://www.uscis.gov/news/news-releases/uscis-reaches-fy-2018-h-1b-cap|title = USCIS Reaches FY 2018 H-1B Cap|date = April 7, 2017|accessdate = August 13, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || Yes
+| Fiscal year 2004 (begins October 1, 2003) || 65,000 || 65,000 || February 17, 2004 || Cap returns to normal after temporary increases due to ACWIA and AC21 expire || N/A
+|-
+| Fiscal year 2005 (begins October 1, 2004) || 65,000 || 65,000 || October 10, 2004 || Note that although the {{w|H-1B Visa Reform Act of 2004}}, adding 20,000 slots for people with United States Masters degrees, is passed in December 2004, during this Fiscal year, it looks like this gets activated only the next year, in Fiscal year 2006. There is some uncertainty around this. || N/A
 |}
+== Visual data ==
+=== Google Trends ===
+The image below shows {{w|Google Trends}} data for H-1B visa (Topic), from January 2004 to March 2021, when the screenshot was taken. Interest is also ranked by country and displayed on world map. Interest peaks annually during the H-1B filing season, which is during the calendar months of March and April. Interest was higher in 2017 (corresponding to filing for fiscal year 2018) due to proposals for major rule changes after the election of Donald Trump.<ref>{{cite web |title=H-1B visa |url=https://trends.google.com/trends/explore?date=all&q=%2Fm%2F026375 |website=Google Trends |access-date=14 March 2021}}</ref>
+[[File:H- 1B visa gt.png|thumb|center|800px]]
+=== Wikipedia pageviews ===
+The graph below shows Wikipedia pageviews for the H-1B visa until July 2024, the most recent completed month when the screenshot was last updated. Desktop pageviews are available since December 2007; pageviews from other platforms are only available starting July 2015.<ref name=h-1b-wv>{{cite web|url = https://wikipediaviews.org/displayviewsformultiplemonths.php?page=H-1B+visa&allmonths=allmonths&language=en&drilldown=all|title = H-1B visa Wikipedia pageviews|publisher = Wikipedia Views|accessdate = April 22, 2020}}</ref>
+[[File:H-1B visa Wikipedia views.png|500px]]
+Interest peaks annually during the H-1B filing season, which is during the calendar months of March and April. Interest was higher in 2017 (corresponding to filing for fiscal year 2018) due to proposals for major rule changes after the election of Donald Trump.
 == See also ==