Timeline of H-1B
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.
Contents
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.[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]
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 |
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.
There are also some other online sources tabulating H-1B cap season since the mid-2000s.[149][150][115] Data before Fiscal year 2006This 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]
Visual dataGoogle TrendsThe 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 pageviewsThe 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. See also
References
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