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

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(→‎Data Fiscal Year 2006 to Fiscal Year 2020 (after the H-1B Visa Reform Act of 2004; no major legislative changes))
(→‎Data Fiscal Year 2006 to Fiscal Year 2020 (after the H-1B Visa Reform Act of 2004; no major legislative changes))
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|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 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 || ??
 
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| 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<ref name=fy-18-cap-reached/> || ??
+
| 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 || ??
 
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|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 || ??
 
|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 || ??

Revision as of 10:07, 4 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.

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.[1]

H- 1B visa gt.png

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.[2]

H-1B visa Wikipedia views.png

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.

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) 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.[3][4]
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.[5][6]
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.[3][7]
1998 October 21 Legislation American Competitiveness and Workforce Improvement Act (ACWIA) 105th United States Congress, President Bill Clinton Additional $500 fee to train U.S. workers to reduce the shortage of skilled workers, and therefore reduce the need for H-1B Temporary increase in caps to 115,000 for 1999 and 2000 Introduces the concept of H-1B-dependent employer and required additional attestations about non-displacement of U.S. workers from employers who were H-1B-dependent or had committed a willful misrepresentation in an application in the recent past. Also gives investigative authority to the United States Department of Labor No change The legislation is mostly a victory for restrictionists and labor advocates, with the main concession to expansionists being the temporary quota increase.
2000 October 17 Legislation American Competitiveness in the 21st Century Act (AC21) 106th United States Congress, President Bill Clinton Increase of fee for training U.S. workers from $500 to $1000 Increase in caps to 195,000 for Fiscal Years 2001, 2002, and 2003.
Creation of an uncapped category for non-profit research institutions.
Exemption from the cap for people who had already been cap-subject. This includes people on cap-subject H-1Bs who are switching jobs, as well as people applying for a 3-year extension of their current 3-year H-1B. Also, people with pending green card applications on EB-1,2,3 statuses can keep extending their H-1B (without being cap-subject) while waiting 		No change No change The legislation paves the way for a significant de facto expansion of the H-1B program, despite no permanent increase in the annual cap.
2001 July 30 INS/USCIS guidance Premium Processing Service launch Additional fee of $1000 for using the Premium Processing Service; those not using it see no fee change No change No change Those who pay for the Premium Processing Service should receive an initial adjudication in 15 calendar days from the later of the time of petition receipt or time of Premium Processing Service filing and fee receipt.[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 December 6 Legislation H-1B Visa Reform Act of 2004, part of the Consolidated Appropriations Act, 2005 108th United States Congress, President George W. Bush Increase of fee for retraining US workers to $1500 for companies with 26 or more employees, reduction to $750 for small companies. Addition of anti-fraud fee of $500 Bachelor's degree cap returns to 65,000 with added 20,000 visas for applicants with U.S. postgraduate degrees. Additional exemptions for non-profit research and governmental entities. Expands the Department of Labor's investigative authority, but also provides two standard lines of defense to employers (the Good Faith Compliance Defense and the Recognized Industry Standards Defense). No change The first affected cap season is Fiscal Year 2006 (starting October 1, 2005; petitions in April 2005).
2005 May 5 INS/USCIS regulation 70 FR 23775 - ALLOCATION OF ADDITIONAL H-1B VISAS CREATED BY THE H-1B VISA REFORM ACT OF 2004 USCIS; contact point Kevin J. Cummings, Adjudications Officer, Business and Trade Services Branch/Program and Regulation Development No change According to the regulation, petitions received before the date it hits the cap are always adjudicated. Petitions received on the day it hits the cap are subjected to a lottery that selects enough petitions to just hit the cap. These processes apply to both the regular 65,000 and the Masters degree 20,000 caps; however, after the Masters degree 20,000 cap is attained, additional petitions in the Masters degree category are simply treated as ordinary petitions No change No change USCIS issues an updated regulation clarifying what petitions it will adjudicate if it hits the cap for a given fiscal year. The new regulation is necessary to clarify the implementation of the new setup where there are two caps: 65,000 for regular H-1Bs and 20,000 for people with U.S. masters degrees.[9][10]
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.[11] 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.[12]
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.[13][14][15]
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.[16][17] 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.[18] 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.[19][20]
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.[21][22][23] Similar bills would be introduced in subsequent Congresses.[24]
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.[25] He is represented by Greg Mendelsohn and the suit is filed in the Circuit Court of Lowndes County, Alabama.[25] This happens two months after Palmer tried to raise the same issues internally within the company and was not heeded.[26][27][28] On August 20, 2012, a federal judge in Alabama dismisses the lawsuit.[29] 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.[30]
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.[31][32] 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.[33] 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.[24][34] A similar bill had been introduced in the 112th United States Congress,[21] 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.[35][36]
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.[37][38] Similar bills had been introduced in the 112th and 113th Congress.[21][24]
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.[39][40] 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.[41] On May 13, Disney and HCL file motions for dismissal.[42][43] 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.[44]
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.[45][46][47] USCIS responds on August 1, 2016, with three affirmative defenses.[46][48]
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.[49][50][51][52] In September 2016, U.S. District Court Judge Michael Simon in Oregon rejects the USCIS' motion to dismiss the lawsuit.[51] On March 17, 2017, the case is decided against the plaintiffs.[49][52] 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.[49]
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.[53][54][55][56][57]
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).[58][59] Petitioners can still make discretionary expedite requests subject to the usual constraints on such requests.[58][60] 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.[61][62][63]
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.[64] 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."[65] Effective January 30, 2021, this memorandum itself would be rescinded in light of the ninth circuit's decision in Innova Solutions v. Baran.[64][66]
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."[67] USCIS would later put up a page describing its efforts to implement the order.[68] 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.[69]
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.[70] 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."[65]
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."[71] This data is used by third parties to calculate patterns and trends in denial rates.[72]
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,[73] and June 10, 2019 for other cap-subject petitions (precise date announced June 7, 2019).[74]
2019 July 17 INS/USCIS guidance Release of records in response to FOIA request USCIS No change No change No change No change 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.[75] 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.[76]
2020 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.[77][78]
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.[79][80]

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.[78] 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.[81] 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.[82]

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.[9]

For Fiscal Year 2008, USCIS had to close petitions after just two days of receiving petitions.[83] The heavy pressure on service centers and overnight courier services[52] 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.[52][84] 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[85] January 17, 2006[86] Only for last-day petitions N/A
Fiscal Year 2007 (begins October 1, 2006) N/A N/A April 3, 2006 May 26, 2006[87] July 26, 2006[86] Only for last-day petitios N/A
Fiscal Year 2008 (begins October 1, 2007) N/A N/A April 2, 2007[83] April 3, 2007[83] April 30, 2007[88] Only for last-day petitions 150,000 by afternoon of April 2
Fiscal Year 2009 (begins October 1, 2008) April 14, 2008[84] April 14, 2008[84] April 1, 2008[84] April 7, 2008[84] April 7, 2008[84] Yes 163,000
Fiscal Year 2010 (begins October 1, 2009) April 20, 2009[89] April 7, 2009[89] April 1, 2009[90] December 21, 2009[91] July 9, 2009[86] Only for last-day petitions N/A
Fiscal Year 2011 (begins October 1, 2010) April 8, 2010[92] April 7, 2010[92] April 1, 2010[93] January 26, 2011[94] December 22, 2010[86] Only for last-day petitions N/A
Fiscal Year 2012 (begins October 1, 2011) April 8, 2011[95] April 7, 2011[95] April 1, 2011[96] November 22, 2011[97] October 19, 2011[86] Only for last-day petitions N/A
Fiscal Year 2013 (begins October 1, 2012) N/A N/A April 2, 2012[98] June 11, 2012[99] June 7, 2012[99][86] No N/A
Fiscal Year 2014 (begins October 1, 2013) March 15, 2013[100][101] April 15, 2013[100][101] April 1, 2013[100] April 5, 2013[102] April 5, 2013[102] Yes 124,000[102]
Fiscal Year 2015 (begins October 1, 2014) March 25, 2014[103] April 28, 2014[103] April 1, 2014[104] April 7, 2014[105] April 7, 2014[105] Yes 172,500 (non-official source)[86]
Fiscal Year 2016 (begins October 1, 2015) March 12, 2015[106] May 11, 2015 (initially announced)[106]
Later revised to April 27, 2015[107] 		April 1, 2015[106] April 7, 2015[108] April 7, 2015[108] Yes 233,000 (non-official source)[86]
Fiscal Year 2017 (begins October 1, 2016) March 16, 2016[109] May 16, 2016 (initially announced)[109]
Later revised to May 12, 2016[110] 		April 1, 2016[109] April 7, 2016[111] April 7, 2016[111] Yes  ??
Fiscal Year 2018 (begins October 1, 2017) N/A (Premium Processing suspended) N/A (Premium Processing suspended) April 3, 2017[112] April 7, 2017[113] April 7, 2017[113] Yes  ??
Fiscal Year 2019 (begins October 1, 2018) N/A (Premium Processing suspended) N/A (Premium Processing suspended) April 2, 2018[114] April 6, 2018[115] April 6, 2018[115] Yes  ??
Fiscal Year 2020 (begins October 1, 2019) March 19, 2019[116] May 20, 2019 for cap-subject change of status petitions;[117] June 10, 2019 for other cap-subject petitions (precise date announced June 7, 2019)[118] April 1, 2019[116] April 5, 2019[119] April 5, 2019[119] Yes  ??

There are also some other online sources tabulating H-1B cap season since the mid-2000s.[120][121][86]

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.[86]

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

See also

References

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  99. ↑ 99.0 99.1 "USCIS Reaches Fiscal Year 2013 H-1B Cap". United States Citizenship and Immigration Services. June 12, 2012. Retrieved March 19, 2022. 
  100. ↑ 100.0 100.1 100.2 "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. 
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  102. ↑ 102.0 102.1 102.2 "USCIS Reaches FY 2014 H-1B Cap". April 8, 2013. Retrieved March 19, 2022. 
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  104. ↑ "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. 
  105. ↑ 105.0 105.1 "USCIS Reaches FY 2015 H-1B Cap". United States Citizenship and Immigration Services. April 7, 2014. Retrieved March 19, 2022. 
  106. ↑ 106.0 106.1 106.2 "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. 
  107. ↑ "H-1B Cap Premium Processing to Begin April 27". April 14, 2015. Retrieved March 19, 2022. 
  108. ↑ 108.0 108.1 "USCIS Reaches FY 2016 H-1B Cap". United States Citizenship and Immigration Services. April 7, 2015. Retrieved April 20, 2015. 
  109. ↑ 109.0 109.1 109.2 "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. 
  110. ↑ "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. 
  111. ↑ 111.0 111.1 "USCIS Reaches FY 2017 H-1B Cap". United States Citizenship and Immigration Services. April 7, 2016. Retrieved March 4, 2017. 
  112. ↑ "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. 
  113. ↑ 113.0 113.1 "USCIS Reaches FY 2018 H-1B Cap". United States Citizenship and Immigration Services. April 7, 2017. Retrieved March 19, 2022. 
  114. ↑ "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. 
  115. ↑ 115.0 115.1 "USCIS Reaches FY 2019 H-1B Cap". United States Citizenship and Immigration Services. April 6, 2018. Retrieved March 19, 2022. 
  116. ↑ 116.0 116.1 "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. 
  117. ↑ "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. 
  118. ↑ "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. 
  119. ↑ 119.0 119.1 "USCIS Reaches FY 2020 H-1B Regular Cap". United States Citizenship and Immigration Services. April 5, 2019. Retrieved January 25, 2020. 
  120. ↑ "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. 
  121. ↑ Kumar (June 19, 2017). "H1B Visa Cap Reach Dates History 2000 to 2018 – Graph – USCIS Data". Retrieved August 13, 2017. 
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