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

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This page provides a timeline of key events related to immigrant processing and visa policy of the United States. It focuses on laws, policies, and programs affecting pathways for authorized entry to the United States and long-term immigrant and non-immigrant statuses. It is complementary to the [[timeline of immigration enforcement in the United States]].
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This timeline covers the history of the {{w|H-1B visa}} and associated work status. The timeline incorporates some content from {{w|H-1B visa#Changes to legal and administrative rules}} and {{w|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.
  
The programs discussed here mostly come under the purview of the [[wikipedia:United States Citizenship and Immigration Services|United States Citizenship and Immigration Services]], the [[wikipedia:U.S. Customs and Border Protection|U.S. Customs and Border Protection]] Office of Field Operations, and the U.S. Department of State agencies such as the Bureau of Consular Affairs. For the most part, it does ''not'' deal with programs under the purview of U.S. Immigration and Customs Enforcement or the United States Border Patrol. There are some exceptions (such as the Student and Exchange Visitor Program, that is under the purview of ICE).
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== Visual data ==
  
== Full timeline ==  
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=== Google Trends ===
  
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The graph below shows Google Trends data from 2004 (the start of availability of data) to April 2020, when the screenshot was last updated.<ref name=h-1b-google-trends>{{cite web|url = https://trends.google.com/trends/explore?date=all&q=%2Fm%2F026375|title = H-1B Visa (topic) on Google Trends|accessdate = April 22, 2020}}</ref>
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[[File:H-1B visa Google Trends.png|500px]]
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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.
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=== Wikipedia pageviews ===
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The graph below shows Wikipedia pageviews for the H-1B visa from December 2007 (the start of availability of data) to March 2020, the most recent completed month when the screenshot was last updated.<ref name=h-1b-wv>{{cite web|url = https://wikipediaviews.org/displayviewsformultiplemonths.php?page=H-1B+visa&allmonths=allmonths&language=en&drilldown=all|title = H-1B visa Wikipedia pageviews|publisher = Wikipedia Views|accessdate = April 22, 2020}}</ref>
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[[File:H-1B visa Wikipedia views.png|500px]]
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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.
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== Full timeline ==
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When inline citations are missing, this is usually because the Wikipedia article for the subject of that row has adequate detail and its own citations.
 
{| class="wikitable sortable"
 
{| class="wikitable sortable"
! Year !! Month and date (if available) !! Event type !! Affected agencies (past, and present equivalents) !! Visa letter for nonimmigrant visa !! Details
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! 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  
 
|-
 
|-
| 1790 || || Legislation || Executive branch || || The {{w|Naturalization Act of 1790}} is passed, specifying the rules for granting citizenship in the United States. Citizenship is limited to free white persons of good character.
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| 1952 || June 27 || Legislation || {{w|Immigration and Nationality Act of 1952}} || {{w|82nd United States Congress}}, President {{w|Harry S. Truman}} (vetoed but overridden) || || || || || Creates the H-1 and H-2 visa categories for skilled and unskilled workers; the H-1 would give rise to the modern H-1B visa.
 
|-
 
|-
| 1798 || || Legislation || Executive branch || || The {{w|Alien and Sedition Acts}} (a total of four bills) are passed by the {{w|5th United States Congress}} (that is Federalist-dominated) and signed into law by President {{w|John Adams}}.
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| 1970 || April 7 || Legislation || Public Law 91-225 || {{w|91st United States Congress}}, President {{w|Richard Nixon}} || || || || || A new H-4 category is introduced for the spouses and minor children of H-1 workers, recognizing the use of the H-1 visa for more long-term employment.<ref name=cato-h-4>{{cite web|url = https://www.cato.org/blog/facts-about-h-4-visas-spouses-h-1b-workers|title = https://www.cato.org/blog/facts-about-h-4-visas-spouses-h-1b-workers|title = The Facts About H-4 Visas for Spouses of H-1B Workers|last = Bier|first = David|date = June 16, 2020|accessdate = June 26, 2020|publisher = Cato Institute}}</ref><ref name=pl-91-225>{{cite web|url = https://www.govinfo.gov/content/pkg/STATUTE-84/pdf/STATUTE-84-Pg116.pdf|title = Public Law 91-225|accessdate = June 26, 2020}}</ref>
 
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| 1819 || || Legislation || Executive branch || || The {{w|Steerage Act of 1819}}, also known as the Manifest of Immigrants Act, is passed. The Act regulates the conditions of travel on ships landing in the United States, and imposes a requirement that ships submit a manifest of all immigrants aboard.
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| 1982 || || INS/USCIS guidance || In response to ''Matter of Srinivasan'' || USCIS || N/A || N/A || N/A || N/A || An internal memo of the {{w|Immigration and Naturalization Services}} (INS, the precursor to {{w|United States Citizenship and Immigration Services}}) provides guidance regarding issuance of [[w:B visa in lieu of other visas|B-1 in lieu of H-1]].<ref name=globalworkers>{{cite web|url = http://globalworkers.org/digging-deeper-history-b-1-lieu-h-1|title = Digging Deeper: History of B-1 in lieu of H-1|publisher = globalworkers.org|accessdate = April 28, 2016}}</ref><ref name=ilw-wehrer>{{cite web|url = http://www.ilw.com/articles/2000,1018_Wehrer.shtm|title = Business Visitors from Abroad - Tips and Traps for the HR Department|date = October 18, 2000|last = Paparelli|first = Angelo|last2 = Wehrer|first2 = Susan|accessdate = April 28, 2016|publisher = Immigration Daily}}</ref>
 
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| 1855 || || Legislation || Executive branch || || The {{w|Carriage of Passengers Act of 1855}} is passed, replacing the Steerage Act of 1819.
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| 1990 || November 29 || Legislation || {{w|Immigration Act of 1990}} || {{w|101st United States Congress}}, President {{w|George H. W. Bush}} || Only a base filing fee || Annual cap of 65,000 on new 3-year H-1Bs, including transfer applications and extensions of stay || Set up the basic rules for the {{w|Labor Condition Application}} || Defines adjudication process || The old H-1 visa is split into the {{w|H-1A visa}} for nurses (which would be discontinued and replaced by the {{w|H-1C visa}}, which would also be discontinued) and the H-1B visa. Additionally, the Immigration Act of 1990 also creates the employment-based (EB) immigration category for permanent immigration. The H-1B and EB would play an important symbiotic role, in particular because unlike the previous H-1 visa, it allows for a dual immigrant intent, i.e., it allows people with pending green card applications to use the H-1B.<ref name=cato-h-4/><ref>{{cite web|url = https://www.law.cornell.edu/uscode/text/8/1184#b|title = 1184|publisher = Legal Information Institute}}</ref>
 
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| 1868 || July 28 || Treaty or trade agreement || || || Terms for what would later be known as the [[wikipedia:Burlingame Treaty|Burlingame Treaty]] between the United States and China are finalized. The treaty would be ratified by China in 1869. The Treaty grants most-favored-nation status to China, and allows free movement of people between the countries, but withholding the privilege of naturalization.
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| 1998 || October 21 || Legislation || {{w|American Competitiveness and Workforce Improvement Act}} (ACWIA) || {{w|105th United States Congress}}, President {{w|Bill Clinton}} || Additional $500 fee to train U.S. workers to reduce the shortage of skilled workers, and therefore reduce the need for H-1B || Temporary increase in caps to 115,000 for 1999 and 2000 || Introduces the concept of {{w|H-1B-dependent employer}} and required additional attestations about non-displacement of U.S. workers from employers who were H-1B-dependent or had committed a willful misrepresentation in an application in the recent past. Also gives investigative authority to the {{w|United States Department of Labor}} || No change || The legislation is mostly a victory for restrictionists and labor advocates, with the main concession to expansionists being the temporary quota increase.
 
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| 1870 || July 14 || Legislation || Executive branch || || The {{w|Naturalization Act of 1870}} is signed into law by President {{w|Ulysses S. Grant}} after passing both chambers of the [[wikipedia:41st United States Congress|41st United States Congress]]. The Act extends the naturalization process to ''persons of African nativity and to persons of African descent'' (going beyond the Naturalization Act of 1790 that was limited to free white persons) while still excluding the Chinese and others.
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| 2000 || October 17 || Legislation || {{w|American Competitiveness in the 21st Century Act}} (AC21) || {{w|106th United States Congress}}, President {{w|Bill Clinton}} || Increase of fee for training U.S. workers from $500 to $1000 || Increase in caps to 195,000 for Fiscal Years 2001, 2002, and 2003.<br/>Creation of an uncapped category for non-profit research institutions.<br/>Exemption from the cap for people who had already been cap-subject. This includes people on cap-subject H-1Bs who are switching jobs, as well as people applying for a 3-year extension of their current 3-year H-1B. Also, people with pending green card applications on EB-1,2,3 statuses can keep extending their H-1B (without being cap-subject) while waiting || No change || No change || The legislation paves the way for a significant ''de facto'' expansion of the H-1B program, despite no permanent increase in the annual cap.
 
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| 1875 || || Legislation || Executive branch || || The {{w|Page Act of 1875}}, the first United States federal restriction on immigration, passes.
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| 2001 || July 30 || INS/USCIS guidance || {{w|Premium Processing Service}} launch || || Additional fee of $1000 for using the Premium Processing Service; those not using it see no fee change || No change || No change || Those who pay for the Premium Processing Service should receive an initial adjudication in 15 calendar days from the later of the time of petition receipt or time of Premium Processing Service filing and fee receipt.<ref name=uscis-premium-processing>{{cite web|url=http://www.uscis.gov/forms/how-do-i-use-premium-processing-service|title = How Do I Use the Premium Processing Service?|publisher = United States Citizenship and Immigration Services|accessdate = April 4, 2015}}</ref> ||
 
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| 1881 || October 5 || Treaty or trade agreement || Executive branch || || The {{w|Angell Treaty of 1880}} is ratified. This modifies the previous [[wikipedia:Burlingame Treaty|Burlingame Treaty]] of 1868 between the United States and China, by temporarily suspending the migration of laborers (skilled and unskilled) from China.
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| 2004 || January 1 || Treaty or trade agreement || {{w|Singapore–United States Free Trade Agreement}} || United States and Singapore governments; President {{w|George W. Bush}} and {{w|108th United States Congress}} on the United States side || No change || H-1B cap reduced by the number of H-1B1 visas issued || No change || No change || The Singapore–United States Free Trade Agreement (signed May 6, 2003, ratified July 24, 2003) includes provisions for the {{w|H-1B1 visa}} category for Singapore
 
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| 1882 || May 6 || Legislation (landmark) || Executive branch || || The {{w|Chinese Exclusion Act}} is signed into law by President [[wikipedia:Chester A. Arthur|Chester A. Arthur]] after passing both chambers of the [[wikipedia:47th United States Congress|47th United States Congress]]. This extends the suspension of Chinese migration started by the Angell treaty.
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| 2004 || January 1 || Treaty or trade agreement || {{w|Chile–United States Free Trade Agreement}} || United States and Chile governments; President {{w|George W. Bush}} on the United States side || No change || H-1B cap reduced by the number of H-1B1 visas issued || No change || No change || The Chile–United States Free Trade Agreement (signed June 6, 2003, active starting January 1, 2004) includes provisions for the {{w|H-1B1 visa}} category for Chile.
 
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| 1882 || August 3 || Legislation (landmark) || Executive branch || || The {{w|Immigration Act of 1882}} is signed into law by President [[wikipedia:Chester A. Arthur|Chester A. Arthur]] after passing both chambers of the [[wikipedia:47th United States Congress|47th United States Congress]]. The Act mostly focuses on immigration enforcement but also creates new policies around excludable classes of immigrants.
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| 2004 || December 6 || Legislation || {{w|H-1B Visa Reform Act of 2004}}, part of the {{w|Consolidated Appropriations Act, 2005}} || {{w|108th United States Congress}}, President {{w|George W. Bush}} || Increase of fee for retraining US workers to $1500 for companies with 26 or more employees, reduction to $750 for small companies. Addition of anti-fraud fee of $500 || Bachelor's degree cap returns to 65,000 with added 20,000 visas for applicants with U.S. postgraduate degrees. Additional exemptions for non-profit research and governmental entities. || Expands the Department of Labor's investigative authority, but also provides two standard lines of defense to employers (the Good Faith Compliance Defense and the Recognized Industry Standards Defense). || No change || The first affected cap season is Fiscal Year 2006 (starting October 1, 2005; petitions in April 2005).
 
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| 1888 || || Legislation || Executive branch || || The [[w:Scott Act (1888)|Scott Act]] is passed, after the failure of negotiations for the Bayard-Zhang Treaty. The Act applies the same criteria to re-entry of Chinese into the United States as were applied to initial entry by the Chinese Exclusion Act.
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| 2005 || May 5 || INS/USCIS regulation || 70 FR 23775 - ALLOCATION OF ADDITIONAL H-1B VISAS CREATED BY THE H-1B VISA REFORM ACT OF 2004 || USCIS; contact point Kevin J. Cummings, Adjudications Officer, Business and Trade Services Branch/Program and Regulation Development || No change || According to the regulation, petitions received ''before'' the date it hits the cap are always adjudicated. Petitions received on the day it hits the cap are subjected to a lottery that selects enough petitions to just hit the cap. These processes apply to both the regular 65,000 and the Masters degree 20,000 caps; however, after the Masters degree 20,000 cap is attained, additional petitions in the Masters degree category are simply treated as ordinary petitions || No change || No change || USCIS issues an updated regulation clarifying what petitions it will adjudicate if it hits the cap for a given fiscal year. The new regulation is necessary to clarify the implementation of the new setup where ther are ''two'' caps: 65,000 for regular H-1Bs and 20,000 for people with U.S. masters degrees.<ref name=uscis-lottery-regulation>{{cite web|url = https://www.federalregister.gov/documents/2005/05/05/05-8992/allocation-of-additional-h-1b-visas-created-by-the-h-1b-visa-reform-act-of-2004|title = 70 FR 23775 - ALLOCATION OF ADDITIONAL H-1B VISAS CREATED BY THE H-1B VISA REFORM ACT OF 2004|date = May 5, 2005|accessdate = August 13, 2017|publisher = ''Federal Register''}}</ref><ref name=uscis-lottery-regulation-gpo>{{cite web|url = https://www.gpo.gov/fdsys/granule/FR-2005-05-05/05-8992/content-detail.html|title = 70 FR 23775 - ALLOCATION OF ADDITIONAL H-1B VISAS CREATED BY THE H-1B VISA REFORM ACT OF 2004|date = May 5, 2005|accessdate = August 13, 2017|publisher = U.S. Government Programming Office}}</ref>
 
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| 1889 || || Court case || || || ''{{w|Chae Chan Ping v. United States}}'' is decided by the United States Supreme Court against the petitioner. The case upholds the Scott Act and is one of the first of numerous court cases related to immigration policy and enforcement where the court rules in favor of the government.
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| 2007 || April 18 || Proposed legislation || {{w|SKIL Bill}} (christened "SKIL Act of 2007") || {{w|John Shadegg}} (in the {{w|110th United States Congress}}) || No change || Proposed:<br/> Immediate cap increase from 65,000 to 115,000, and provision for 20% increase next year if the cap is met in a given year.<br/> Expands the master's exemption (to include not just people with U.S. Masters degrees but people with foreign STEM masters degree and three years of related U.S. work experience) and some other cases.<br/> Removes the limit on the master's exemption, from 20,000 to unlimited || No change || No change || After being introduced on April 18, 2007, the bill is referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law on June 4, 2007.<ref>{{cite web|url = https://www.congress.gov/bill/110th-congress/house-bill/1930|title = H.R.1930 - SKIL Act of 2007|date = April 18, 2007|accessdate = August 12, 2017|publisher = Congress.gov}}</ref> There is no further progress.
 
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| 1891 || March 3 || Legislation || Executive branch || || The {{w|Immigration Act of 1891}} is signed into law by President {{w|Benjamin Harrison}}, after being passed by the [[wikipedia:51st United States Congress|51st United States Congress]]. The Act expands the categories of excludable migrants, provides for more enforcement at land and sea borders, and adds authority to deport and penalties for people aiding and abetting migration.<ref name=uwb-fulltext-1891>{{cite web|url = http://library.uwb.edu/static/USimmigration/26%20stat%201084.pdf|title = An act in amendment to the various acts relative to immigration and the imortation of aliens under contract or agreement to perform labor.|date = March 3, 1891|accessdate = March 9, 2016}}</ref><ref name=suny-summary>{{cite web|url = http://people.sunyulster.edu/voughth/immlaws1875_1918.htm|title = Summary of Immigration Laws, 1875-1918|accessdate = March 9, 2016}}</ref><ref name=i2us>{{cite web|url = http://immigrationtounitedstates.org/585-immigration-act-of-1891.html|title = Immigration Act of 1891|accessdate = March 9, 2016|publisher = Immigration to the United States|last = Hester|first = Torrie}}</ref><ref name=immigration-legal-history>{{cite web|url = https://familysearch.org/learn/wiki/en/Legal_History_of_Immigration|title = Legal History of Immigration|publisher = FamilySearch|accessdate = March 11, 2016}}</ref> It also creates an Office of Superintendent of Immigration, and places it under the Department of the Treasury.<ref name=uscis-organizational-timeline>{{cite web|url = https://www.uscis.gov/history-and-genealogy/our-history/organizational-timeline|title = Organizational Timeline|publisher = [[wikipedia:United States Citizenship and Immigration Services|United States Citizenship and Immigration Services]]|accessdate = March 31, 2017}}</ref>
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| 2008 || April 8 || INS/USCIS guidance || Extending Period of Optional Practical Training by 17 Months for F-1 Nonimmigrant Students With STEM Degrees and Expanding Cap-Gap  Relief for All F-1 Students With Pending H-1B Petitions Federal Register Volume 73, Number 68 (Tuesday, April 8, 2008) || {{w|Michael Chertoff}} ({{w|Department of Homeland Security}} (DHS) Secretary); USCIS and {{w|U.S. Immigration and Customs Enforcement}} (ICE) are under DHS || No change || No change || No change || No change || Two new ways of extending {{w|Optional Practical Training}} (OPT) are introduced, both of which make it easier for people to transition from OPT to H-1B status. The first, the STEM extension, allows students in STEM fields an extra 17 months of OPT under some additional conditions. The second, the cap-gap, allows for OPT to be extended if there is a corresponding pending cap-subject petition.<ref name=chertoff-memo>{{cite web|url=http://www.gpo.gov/fdsys/pkg/FR-2008-04-08/html/E8-7427.htm|accessdate = January 19, 2015|date = April 2, 2008|title = Federal Register, Volume 73, Number 68 (April 8, 2008)}}</ref>
 
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| 1895 || || Organizational restructuring || Bureau of Immigration; modern equivalents are USCIS and CBP || || The Office of Superintendent of Immigration is upgraded to the Bureau of Immigration.<ref name=uscis-organizational-timeline/>
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| 2009 || February 17 || Legislation || {{w|Employ American Workers Act}}, part of the {{w|American Recovery and Reinvestment Act of 2009}} || {{w|111th United States Congress}}, President {{w|Barack Obama}} || No change || No change || All recipients of {{w|Troubled Asset Relief Program}} (TARP) or Federal Reserve Act Section 13 are required to file the additional attestations required of H-1B-dependent employers, for any employee who had not yet started on a H-1B visa. || No change ||  Sunset after two years, on February 17, 2011.
 
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| 1903 || March 3 || Legislation || Executive branch || || The {{w|Immigration Act of 1903}}, also known as the '''Anarchist Exclusion Act''', is signed into law by President [[wikipedia:Theodore Roosevelt|Theodore Roosevelt]], after passing the [[wikipedia:57th United States Congress|57th United States Congress]]. The Act codifies existing immigration law and also provides more grounds for excluding suspected anarchists. It has little practical effect.
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| 2010 || January 8 || INS/USCIS guidance || Determining Employer-Employee Relationships for Adjudication of H-1B Petitions, Including Third-Party Site Placements || Donald Neufeld (Associate Director, Service Center Operations) || No change || No change || No change || Memo updates Adjudication Field Manual (AFM) Chapter 31.3(g)(15) (AFM Update 10-24) with clearer guidance on determining if petitioner and beneficiary have an employer/employee relationship || The memo uses the employer's "right to control" as a key criterion for an employer/employee relationship. USCIS also publishes a FAQ on the memo.<ref>{{cite web|url = https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf|title = Determining Employer-Employee Relationships for Adjudication of H-1B Petitions, Including Third-Party Site Placements|last = Neufeld|first = Donald|date = January 8, 2010|accessdate = August 12, 2017|publisher = United States Citizenship and Immigration Services}}</ref><ref>{{cite web|url = https://www.nafsa.org/Resource_Library_Assets/Regulatory_Information/USCIS_Guidance_On_Establishing_Employer-Employee_Relationship_In_H-1B_Petitions/|title = USCIS Guidance On Establishing Employer-Employee Relationship In H-1B Petitions|date = January 8, 2010|accessdate = August 12, 2017|publisher = NAFSA}}</ref><ref>{{cite web|url = https://www.uscis.gov/news/questions-answers-uscis-issues-guidance-memorandum-establishing-employee-employer-relationship-h-1b-petitions|title = Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions|date = January 13, 2010|accessdate = August 12, 2017|publisher = United States Citizenship and Immigration Services}}</ref>
 
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| 1903 || || Organizational restructuring || Bureau of Immigration; modern equivalents are USCIS and CBP || || The Bureau of Immigration is transferred to the newly created Department of Commerce and Labor.<ref name=uscis-organizational-timeline/>
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| 2010 || August 13 || Legislation || Public Law 111-230 (Section 402) || {{w|111th United States Congress}}, President {{w|Barack Obama}} || Additional fee of $2,000 for employers with more than 50 employees and more than 50% of their workforce either H-1B or L-1 || No change || No change || No change || The fee would apply only to petitions on postmarked on or after August 14, 2010, and until September 30, 2014.<ref name=pl-111-230-teleconference>{{cite web|url = https://www.uscis.gov/outreach/notes-previous-engagements/notes-previous-engagements-topic/policy-and-guidance/teleconference-implementing-public-law-111-230|title = Teleconference: Implementing Public Law 111-230|accessdate = March 28, 2016|publisher = United States Citizenship and Immigration Services}}</ref><ref name=uscis-pl-111-230>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-implements-h-1b-and-l-1-fee-increase-according-pl-111-230|title = USCIS Implements H-1B and L-1 Fee Increase According to P.L. 111-230|accessdate = March 28, 2016|publisher = United States Citizenship and Immigration Services}}</ref> See {{w|H-1B-dependent employer#Additional fees}} for more.
 
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| 1906 || || Organizational restructuring || Bureaur of Immigration and Naturalization; modern equivalents are USCIS and CBP || || The Federal Naturalization Service is created, as the setting of policies for naturalization as well as the act of naturalization is now a federal responsibility. The Bureau of Immigration becomes the Bureau of Immigration and Naturalization.<ref name=uscis-organizational-timeline/>
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| 2010 || November || Fee increase || || || Fee increases across the board as part of a regular fee increase.<ref>{{cite web|url=http://www.h1base.com/visa/work/H1BFeesIncreaseForH1BVisa2011filingApplications%20/ref/1533/|title = H1B Fee Increase|publisher = H1Base|accessdate = April 5, 2015}}</ref> || No change || No change || No change ||
 
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| 1907 || February 20 || Legislation || Executive branch || || The {{w|Immigration Act of 1907}} is signed into law by President [[wikipedia:Theodore Roosevelt|Theodore Roosevelt]], after passing the [[wikipedia:59th United States Congress|59th United States Congress]]. The Act provides more grounds for excluding immigrants.
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| 2011 || January 2 || Legislation || Public Law 111-347 (Section 302) || {{w|111th United States Congress}}, President {{w|Barack Obama}} || No change || No change || No change || No change || The end date for the increased fees imposed by P.L. 111-230 is extended from September 30, 2014 to September 30, 2015.<ref>{{cite web|url = https://www.uscis.gov/news/public-law-111-230-h-1b-l-1-additional-fees-expire|title = Public Law 111-230 H-1B, L-1 Additional Fees Expire|date = October 5, 2015|accessdate = March 28, 2016|publisher = United States Citizenship and Immigration Services}}</ref><ref>{{cite web|url = https://www.uscis.gov/sites/default/files/ilink/docView/PUBLAW/DATAOBJECTS/PL111-347.pdf|title = Public Law 111-347|date = January 2, 2011|accessdate = August 12, 2017|publisher = United States Citizenship and Immigration Services}}</ref>
 
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| 1907 || February || Commission || United States Congress || || The {{w|United States Congress Joint Immigration Commission}} is formed by the United States Congress, to study the origin and consequences of recent immigration to the United States. It is known as the '''Dillingham Commission''' after its chairman, Republican Senator [[wikipedia:William P. Dillingham|William P. Dillingham]]. The Commission completes its work in 1911, producing a 41-volume report. It would be influential in shaping the [[wikipedia:Emergency Quota Act|Emergency Quota Act]] and the [[wikipedia:Immigration Act of 1924|Immigration Act of 1924]], and in particular, the [[wikipedia:National Origins Formula|National Origins Formula]].<ref>{{cite web|url = http://ocp.hul.harvard.edu/immigration/dillingham.html|title = Dillingham Commission (1907–1910)|publisher = Harvard University Library Open Collections Program|accessdate = April 7, 2017}}</ref>
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| 2011 || January 24 || Proposed legislation || STAPLE Act (full name: {{w|Stopping Trained in America PhDs From Leaving the Economy Act}}) || {{w|Jeff Flake}} (in the {{w|112th United States Congress}}) || No change || Proposed: People with United States STEM Ph.D. degrees are exempt from the numerical H-1B caps || No change || No change || The bill is referred on February 7, 2011 to the Subcommittee on Immigration Policy and Enforcement. There is no further progress.<ref name=staple-2011>{{cite web|url = https://www.congress.gov/bill/112th-congress/house-bill/399|title = H.R.399 - STAPLE Act|date = January 24, 2011|accessdate = August 13, 2017|publisher = Congress.gov}}</ref><ref>{{cite web|url = https://www.govtrack.us/congress/bills/112/hr399|title = H.R. 399 (112th): STAPLE Act|date = January 24, 2011|accessdate = August 13, 2017|publisher = Govtrack.us}}</ref><ref>{{cite web|url = http://www.foxnews.com/opinion/2011/05/16/care-immigration-care-staple-act.html|title = If You Care About Immigration, You Should Care About the STAPLE Act|last = Nowrasteh|first = Alex|authorlink = w:Alex Nowrasteh|date = May 16, 2011|accessdate = August 13, 2017}}</ref> Similar bills would be introduced in subsequent Congresses.<ref name=staple-2013/>
 
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| 1913 || || Organizational restructuring || Bureau of Immigration, Bureau of Naturalization; modern equivalents USCIS and CBP || || The Bureau of Immigration and Naturalization is split into the Bureau of Immigration and the Bureau of Naturalization, and both are placed under the [[wikipedia:United States Department of Labor|United States Department of Labor]].<ref name=uscis-organizational-timeline/>
+
| 2011 || February 23 || Lawsuit || ''Palmer v. Infosys Technologies Limited'' (Alabama) || Jack Palmer (represented by Kenneth J. Mendelsohn), lawsuit against {{w|Infosys}} || N/A || N/A || N/A || N/A || In the lawsuit, Infosys employee Jack Palmer accuses the company of misusing the [[w:B visa in lieu of other visas|B-1 in lieu of H-1B]], including misleading immigration authorities, underpaying taxes, and overbilling clients.<ref name=itbusinessedge>{{cite web|url = http://www.itbusinessedge.com/cm/blogs/tennant/h-1b-visa-fraud-case-against-infosys-may-be-a-game-changer/?cs=45953|title = H-1B Visa Fraud Case Against Infosys May Be a Game Changer|last = Tennant|first = Don|date = March 15, 2011|accessdate = August 12, 2017|publisher = IT Business Edge}}</ref> He is represented by Greg Mendelsohn and the suit is filed in the Circuit Court of Lowndes County, Alabama.<ref name=itbusinessedge/> This happens two months after Palmer tried to raise the same issues internally within the company and was not heeded.<ref>{{cite web|url = https://www.documentcloud.org/documents/336004-jack-palmer-lawsuit-against-infosys-technologies.html|title = Jack Palmer Lawsuit Against Infosys Technologies|date = February 23, 2011|accessdate = August 13, 2017}}</ref><ref name=nyt-palmer-lawsuit>{{cite web|url = http://www.nytimes.com/2011/06/22/us/22infosys.html|title = Indian Company Under Scrutiny Over U.S. Visas|last = Preston|first = Julia|last2 = Bajaj|first2 = Vikas|date = June 21, 2011|accessdate = August 13, 2017}}</ref><ref name=nyt-palmer-lawsuit-2>{{cite web|url = http://www.nytimes.com/2012/04/13/us/whistle-blower-claiming-visa-fraud-keeps-his-job-but-not-his-work.html|title = Whistle-Blower Claiming Visa Fraud Keeps His Job, but Not His Work|last = Preston|first = Julia|publisher = ''New York Times''|date = April 13, 2012|accessdate = August 13, 2017}}</ref> On August 20, 2012, a federal judge in Alabama dismisses the lawsuit.<ref>{{cite web|url = http://www.nytimes.com/2012/08/21/us/alabama-judge-dismisses-infosys-whistle-blower-suit.html|title = Judge Dismisses Whistle-Blower Suit Against Infosys|last = Preston|first = Julia|date = August 20, 2012|accessdate = August 13, 2017|publisher = ''New York Times''}}</ref> However, federal prosecutors later pursue Infosys based on Palmer's alllegations, resulting in a $34 million settlement in October 2013 with the government, with Palmer getting part of the settlement per a federal false claims law.<ref>{{cite web|url = http://www.nytimes.com/2013/10/30/us/indian-tech-giant-infosys-said-to-reach-settlement-on-us-visa-fraud-claims.html|title = Deal Reached in Inquiry Into Visa Fraud at Tech Giant|last = Preston|first = Julia|date = October 30, 2013|accessdate = August 13, 2017|publisher = ''New York Times''}}</ref>
 
|-
 
|-
| 1918 || || Legislation || Executive branch || A wartime requirement that visas are required for foreigners to enter the United States is made permanent.<ref name=americanbar>{{cite web|url = http://www.americanbar.org/content/dam/aba/publications/supreme_court_preview/BriefsV4/13-1402_amicus_resp_lawprofs.authcheckdam.pdf|title = Brief of ''Amicus Curiae'' Law Professors in Support of Respondent (Kerry v. Din)|publisher = [[American Bar Association]]}}</ref> (not clear which legislation made this permanent?)
+
| 2011 || March 3 || Proposed regulation || Registration Requirement for Petitioners Seeking to File H-1B Petitions on Behalf of Aliens Subject to the Numerical Limitations || USCIS || No change || Proposed: No numerical effect, but lottery would now be run ''before'' submission of full petition || No change || No change || USCIS proposes that petitioners complete an online registration describing petitions they want to file ''prior'' to the start of the filing season. If the number of such petitions exceeds the cap, USCIS runs its lottery ''before'' petitions are actually submitted, and informs employers whose petitions have passed the lottery, so they can then submit the full petition. The 60-day comment period for this Notice of Proposed Regulation published in the ''Federal Register'' ends on May 2.<ref>{{cite web|url = https://www.federalregister.gov/documents/2011/03/03/2011-4731/registration-requirement-for-petitioners-seeking-to-file-h-1b-petitions-on-behalf-of-aliens-subject|title = Registration Requirement for Petitioners Seeking to File H-1B Petitions on Behalf of Aliens Subject to the Numerical Limitations|date = March 3, 2011|accessdate = August 13, 2017|publisher = ''Federal Register''}}</ref><ref>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-announces-proposed-h-1b-electronic-registration-system-reduce-costs-us-businesses|title = USCIS Announces Proposed H-1B Electronic Registration System to Reduce Costs for U.S. Businesses|date = March 2, 2011|accessdate = August 13, 2017|publisher = United States Citizenship and Immigration Services}}</ref> The {{w|American Immigration Lawyers Association}} responds with critical comments, suggesting that the proposed regulation be put on indefinite hold until the USCIS Transformation to a paperless system is complete, and that the USCIS carefully beta test the new approach and collect stakeholder feedback before launching it widely.<ref>{{cite web|url = http://www.aila.org/infonet/aila-comments-on-proposed-h-1b-registration-system|title = AILA Comments on Proposed H-1B Registration System|date = May 2, 2011|accessdate = August 13, 2017|publisher = American Immigration Lawyers Association}}</ref> There appears to be no further action on this proposal after May 2.
 
|-
 
|-
| 1918 || October 16 || Legislation || Executive branch || || The {{w|Immigration Act of 1918}}, also known as the '''Alien Anarchists Exclusion Act of 1918''', is signed into law by President [[wikipedia:Woodrow Wilson|Woodrow Wilson]] after passing the [[wikipedia:65th United States Congress|65th United States Congress]].
+
| 2013 || March 15 || Proposed legislation || STAPLE Act (full name: {{w|Stopping Trained in America PhDs From Leaving the Economy Act}}) || {{w|Erik Paulsen}} (in the {{w|113th United States Congress}}) || No change || Proposed: People with United States STEM Ph.D. degrees are exempt from the numerical H-1B caps || No change || No change || The bill is referred to the Subcommittee on Immigration And Border Security on April 15, 2013. There is no further progress.<ref name=staple-2013>{{cite web|url = https://www.congress.gov/bill/113th-congress/house-bill/1227|title = H.R.1227 - STAPLE Act|date = March 15, 2013|accessdate = August 13, 2017}}</ref><ref>{{cite web|url = https://www.govtrack.us/congress/bills/113/hr1227|title = H.R. 1227 (113th): STAPLE Act|date = March 15, 2013|accessdate = August 13, 2017|publisher = Govtrack.us}}</ref> A similar bill had been introduced in the 112th United States Congress,<ref name=staple-2011/> and similar bills would continue to be introduced in subsequent Congresses.
 
|-
 
|-
| 1921 || May 19 || Legislation (landmark) || Executive branch || F (students) || The {{w|Emergency Quota Act}}, also known as the '''Emergency Immigration Act of 1921''', the '''Immigration Restriction Act of 1921''', the '''Per Centum Law''', and the '''Johnson Quota Act''', is signed into law by President {{w|Warren G. Harding}} after passing both chambers of the {{w|67th United States Congress}}. It significantly reduces immigration quotas from countries around the world to 3% of the population of the country already present in the United States (this formula would later be called the {{w|National Origins Formula}}).
+
| 2013 || March 18 || Proposed legislation || H-1B and L-1 Visa Reform Act (Bill) of 2013 || {{w|Chuck Grassley}}, {{w|Sherrod Brown}} (in the {{w|113th United States Congress}} || No change || No change || Proposed:<br/> Annual Department of Labor audits of companies with large number of H-1B employees<br/>200 additional employees to administer, oversee, investigate, and enforce programs<br/>Revised wage determination requirements<br/>Internet posting required<br/>Longer U.S. worker displacement protection<br/>Prohibition on employer advertising that makes a position available only to, or gives priority to, H-1B nonimmigrants<br/>Limit on number of H-1B and L-1 employees that an employer with 50 or more workers may hire || No direct change, but more information-sharing with Department of Labor on fraud || The Bill is referred to the Committee on the Judiciary but does not proceed further.<ref>{{cite web|url = https://www.congress.gov/bill/113th-congress/senate-bill/600|title = S.600 - H-1B and L-1 Visa Reform Act of 2013|date = March 18, 2013|accessdate = August 13, 2017|publisher = Congress.gov}}</ref><ref>{{cite web|url = https://www.govtrack.us/congress/bills/113/s600|title = S. 600 (113th): H-1B and L-1 Visa Reform Act of 2013|date = March 18, 2013|accessdate = August 13, 2017|publisher = Govtrack.us}}</ref>
 
|-
 
|-
| 1924 || May 24 || Legislation (landmark) || Executive branch || || The {{w|Immigration Act of 1924}}, also called the '''National Origins Act''' and the '''Asian Exclusion Act''', is signed into law by President [[wikipedia:Calvin Coolidge|Calvin Coolidge]] after passing both chambers of the {{w|68th United States Congress}}. This updates the National Origins Formula to reduce the percentage to 2%.
+
| 2015 || April 30 || Proposed legislation || STAPLE Act (full name: {{w|Stopping Trained in America PhDs From Leaving the Economy Act}}) || {{w|Erik Paulsen}} (in the {{w|114th United States Congress}} || No change || Proposed: People with United States STEM Ph.D. degrees are exempt from the numerical H-1B caps || No change || No change || The bill is referred to the Subcommittee on Immigration and Border Security on June 1, 2015. There is no further progress.<ref name=staple-2015>{{cite web|url = https://www.congress.gov/bill/114th-congress/house-bill/2181|title = H.R.2181 - STAPLE Act|date = April 30, 2015|accessdate = August 13, 2017|publisher = congress.gov}}</ref><ref>{{cite web|url = https://www.govtrack.us/congress/bills/114/hr2181|title = H.R. 2181 (114th): STAPLE Act|date = April 30, 2015|accessdate = August 13, 2017|publisher = Govtrack.us}}</ref> Similar bills had been introduced in the 112th and 113th Congress.<ref name=staple-2011/><ref name=staple-2013/>
 
|-
 
|-
| 1924 || || Organizational restructuring || United States Border Patrol || || {{w|United States Border Patrol}} is created within the Bureau of Immigration.<ref name=uscis-organizational-timeline/>
+
| 2015 || December 18 || Legislation || Public Law 114-113, part of the {{w|Consolidated Appropriations Act, 2016}} || {{w|114th United States Congress}} || Additional fee of $4,000 for employers with more than 50 employees and more than 50% of their workforce either H-1B or L-1 || No change || No change || No change || This applies to all petitions postmarked on or after December 18, 2015 and until September 30, 2025.<ref>{{cite web|url = https://www.uscis.gov/news/alerts/new-law-increases-h-1b-and-l-1-petition-fees|title = New Law Increases H-1B and L-1 Petition Fees|publisher = United States Citizenship and Immigration Services|accessdate = March 29, 2016}}</ref><ref name=tribuneindia>{{cite web|url = http://www.tribuneindia.com/news/world/indian-it-companies-to-pay-over-8-000-per-h1b-visa/172810.html|title = Indian IT Companies to pay over $8,000 per visa|accessdate = March 29, 2016}}</ref> It replaces a similar $2,000 fee that applied till September 30, 2015. See {{w|H-1B-dependent employer#Additional fees}} for more.
 
|-
 
|-
| 1933 || || Organizational restructuring || Immigration and Naturalization Service (INS); modern equivalents are USCIS and CBP (and also ICE, though most ICE functions do not exist at the time) || || The Bureau of Immigration and Bureau of Naturalization merge into the [[wikipedia:Immigration and Naturalization Service|Immigration and Naturalization Service]] (INS).<ref name=uscis-organizational-timeline/>
+
| 2016 || January 25 || Lawsuit || ''Perrero v. Disney and HCL'' || Leo Perrero (plaintiff), Disney and HCL (defendants) || N/A || N/A || N/A || N/A || Leo Perrero, a former Disney World employee, files a lawsuit in Florida against Walt Disney World and HCL for Disney firing him and other workers and using HCL to replace them, with HCL filling its labor needs using H-1B visas.<ref name=soundcloud-perrero>{{cite web|url = https://www.documentcloud.org/documents/2837158-Perrero.html|title = Verified Class Action Complaint Against HCL Inc. and Walt Disney World|last = Perrero|first = Leo|date = January 25, 2016|accessdate = August 13, 2017}}</ref> On May 13, Disney and HCL file motions for dismissal.<ref>{{cite web|url = https://www.documentcloud.org/documents/2837159-Disney-Visa.html|title = Defendant Walt Disney Parks and Resorts U.S. Inc's Dispositive Motion to Dismiss and Memorandum of Law|date = May 13, 2016|accessdate = August 13, 2017}}</ref><ref>{{cite web|url = https://www.documentcloud.org/documents/2837157-HCL.html|title = HCL America, Inc.'s Dispositive Motion to Dismiss Complaint|date = May 13, 2016|accessdate = August 13, 2017}}</ref> On October 13, 2016, Judge Gregory A. Presnell of the United States District Court in Orlando dismisses the lawsuit, as well as a similar lawsuit by Dena Moore filed against Disney and Cognizant Technology Solutions.<ref>{{cite web|url = https://www.nytimes.com/2016/10/14/us/judge-says-disney-didnt-violate-visa-laws-in-layoffs.html|title = Judge Says Disney Didn’t Violate Visa Laws in Layoffs|last = Preston|first = Julia|date = October 13, 2016|accessdate = August 13, 2017|publisher = ''New York Times''|last = Preston|first = Julia}}</ref>
 
|-
 
|-
| 1940 || || Organizational restructuring || Immigration and Naturalization Service (INS); modern equivalents are USCIS and CBP (and also ICE, though most ICE functions do not exist at the time) || || The Immigration and Naturalization Service is transferred from the Department of Labor to the {{w|United States Department of Justice}} (DOJ), where it would stay for the rest of its life (till early 2003).<ref name=uscis-organizational-timeline/>
+
| 2016 || May 20 || Lawsuit || ''AILA v. USCIS'', also known as the FOIA lawsuit || {{w|American Immigration Lawyers Association}} (AILA) and American Immigration Council (AIC) (plaintiffs), USCIS (defendant) || N/A || N/A || N/A || N/A || The American Immigration Lawyers Association files a {{w|Freedom of Information Act}} (FOIA)-based lawsuit against USCIS seeking more transparency into the H-1B lottery process.<ref>{{cite web|url = https://www.law360.com/articles/799213/foia-suit-seeks-to-peek-into-black-box-of-h-1b-lottery|title = FOIA Suit Seeks To Peek Into 'Black Box' Of H-1B Lottery|last = Olivo|first = Natalie|date = May 23, 2016|accessdate = August 13, 2017|publisher = Law360}}</ref><ref name=aic-foia-lawsuit>{{cite web|url = https://www.americanimmigrationcouncil.org/litigation/foia-lawsuit-h-1b-lottery-policies-and-procedures|title = FOIA Lawsuit on H-1B Lottery Policies and Procedures. AILA v. USCIS, et al., No. 1:16-cv-00956 (D.D.C. filed May 20, 2016)|accessdate = August 13, 2017|publisher = American Immigration Council}}</ref><ref name=aila-foia-lawsuit>{{cite web|url = http://www.aila.org/advo-media/press-releases/2016/lawsuit-seeks-transparency-in-h-1b-lottery-process|title = Lawsuit Seeks Transparency in H-1B Lottery Process|date = May 23, 2016|accessdate = August 13, 2017|publisher = American Immigration Lawyers Association}}</ref> USCIS responds on August 1, 2016, with three affirmative defenses.<ref name=aic-foia-lawsuit/><ref>{{cite web|url = https://www.americanimmigrationcouncil.org/sites/default/files/litigation_documents/aila_vs_uscis_defendants_answer.pdf|title = Defendant's Answer to Plaintiff's Claim for Declaratory and Injunctive Relief|date = August 1, 2016|accessdate = August 13, 2017}}</ref>
 
|-
 
|-
| 1943 || || Legislation || Executive branch || || The {{w|Magnuson Act}} becomes law. The Act repeals the Chinese Exclusion Act, but in practice immigration from China is still significantly restricted, as a quota of 105 annual Chinese immigrants is calculated through (flawed) use of the National Origins Formula of the Immigration Act of 1924.
+
| 2016 || June 2 || Lawsuit || ''{{w|Tenrec v. USCIS}}'', also known as the H-1B lottery lawsuit || Tenrec Inc. (employee Sergii Sinienok) and Walker Mary LLC (employee Xiaoyang Zhu) (plaintiffs), Brent Renison (plaintiff's attorney), USCIS and DHS (defendants) || N/A || N/A || N/A || N/A || The lawsuit challenges the USCIS' use of a lottery to determine what filed H-1B petitions to adjudicate. Instead, it says that a lawful interpretation of the statute would require giving priority in the next year to people who applied in a given year but could not be selected due to a cap. It is filed as a class action lawsuit on behalf of anybody who has failed to be selected in at least one lottery since 2013.<ref name=entrylaw-case-ends/><ref>{{cite web|url = https://www.lexisnexis.com/legalnewsroom/immigration/b/newsheadlines/archive/2016/06/03/h-1b-lottery-lawsuit-filed-tenrec-v-uscis.aspx?Redirected=true|title = H-1B Lottery Lawsuit Filed - Tenrec v. USCIS|last = Kowalski|first = Daniel|date = June 3, 2016|accessdate = August 13, 2017|publisher = LexisNexis}}</ref><ref name=cw-lottery-lawsuit>{{cite web|url = http://www.computerworld.com/article/3123769/it-careers/court-ruling-puts-future-of-h-1b-lottery-in-doubt.html|title = Court ruling puts future of H-1B lottery in doubt. Effort to end H-1B lottery wins key decision in a federal court on Thursday|date = September 23, 2016|accessdate = August 13, 2017|publisher = Computerworld|last = Thibodeau|first = Patrick}}</ref><ref name=nlr-lottery-lawsuit>{{cite web|url = https://www.natlawreview.com/article/controversial-h-1b-lottery-upheld|title = Controversial H-1B Lottery Upheld|last = Koski|first = Ceridwen|date = March 28, 2017|accessdate = August 13, 2017|publisher = ''The National Law Review''}}</ref> In September 2016, U.S. District Court Judge Michael Simon in Oregon rejects the USCIS' motion to dismiss the lawsuit.<ref name=cw-lottery-lawsuit/> On March 17, 2017, the case is decided against the plaintiffs.<ref name=entrylaw-case-ends>{{cite web|url = http://www.entrylaw.com/h1b-lottery-lawsuit/|title = H-1B Lottery Lawsuit|accessdate = August 13, 2017}}</ref><ref name=nlr-lottery-lawsuit/> Although the plaintiffs appeal the decision with the {{w|United States Court of Appeals for the Ninth Circuit}}, it turns out that both plaintiffs succeed in the H-1B lottery this time, and no other employer is willing to become the lead plaintiff. A stipulated motion for voluntary dismissal of appeal is filed by all parties on June 21, 2017, and the order of dismissal is issued on June 23, 2017.<ref name=entrylaw-case-ends/>
 
|-
 
|-
| 1952 || June 27 || Legislation (landmark) || Executive branch || H (temporary workers) || The {{w|Immigration and Nationality Act of 1952}} becomes law after both chambers of the {{w|82nd United States Congress}} vote to override the veto of President {{W|Harry S. Truman}}. This is the first of two big overhauls of the immigration system (the second being in 1965). Subsequent legislations would often be framed in terms of modifications to this legislation. Among other things, the H visa category is created by this Act.
+
| 2017 || January 24 || Proposed legislation || High-Skilled Integrity and Fairness Act of 2017 || {{w|Zoe Lofgren}} (in the {{w|115th United States Congress}}) || No change || 20% of the cap reserved for employers with 50 or fewer full-time employees, including parent, subsidiary, and other affiliated entities. || Proposed:<br/>Wage tiers established (200% of prevailing wage, 150% of prevailing wage, 100% of prevailing wage).<br/>Changes to penalties for employers || Petitions considered based on wage tier (so all petitions where the wage is above 200% of prevailing wage get first preference, then petitions where it is above 150%, then petitions where it is above 100%) || Referred to the Subcommittee on Immigration and Border Security on February 8, 2017. Not yet passed.<ref name=hsifa>{{cite web|url = https://www.congress.gov/bill/115th-congress/house-bill/670|title = H.R.670 - High-Skilled Integrity and Fairness Act of 2017|date = January 24, 2017|accessdate = August 13, 2017|publisher = Congress.gov}}</ref><ref>{{cite web|url = http://www.aila.org/advo-media/whats-happening-in-congress/pending-legislation/hr-670-high-skilled-integrity-fairness-act-2017|title = H.R. 670: High-Skilled Integrity and Fairness Act of 2017|publisher = American Immigration Lawyers Association|date = January 24, 2017|accessdate = August 13, 2017}}</ref><ref>{{cite web|url = https://www.govtrack.us/congress/bills/115/hr670|title = H.R. 670: High-Skilled Integrity and Fairness Act of 2017|publisher = govtrack.us}}</ref><ref>{{cite web|url = http://www.indianeagle.com/travelbeats/high-skilled-integrity-and-fairness-act-of-2017-for-h1b-visa-reform/|title = High-Skilled Integrity and Fairness Act of 2017: Highlights of New H1B Visa Reform Bill in USA|publisher = Indian Eagle|accessdate = August 13, 2017}}</ref><ref>{{cite web|url = https://www.law360.com/articles/889366/a-politically-feasible-approach-to-h-1b-reform|title = A Politically Feasible Approach To H-1B Reform|last = Meyer|first = Brandon|date = February 8, 2017|accessdate = August 13, 2017}}</ref>
 
|-
 
|-
| 1952 || || Organizational restructuring || U.S. Department of State's Bureau of Security and Consular Affairs; current equivalent: Bureau of Consular Affairs || || This also leads to the creation of the Bureau of Inspection, Security and Consular Affairs, which is responsible for issuing visas at foreign consulates to people who want to enter the United States. In 1954, the Bureau is renamed the Bureau of Security and Consular Affairs.
+
| 2017 || March 3 || INS/USCIS guidance || Temporary Suspension of H-1B Premium Processing || USCIS || Premium Processing Service no longer available, so that fee component does not apply. || No change || No change || Premium Processing Service no longer applies, so all petitions are processed in the order they are received (see {{w|USCIS processing times}} for more).<ref name=uscis-h-1b-pps-suspension>{{cite web|url = https://www.uscis.gov/news/alerts/uscis-will-temporarily-suspend-premium-processing-all-h-1b-petitions|title = USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions|date = March 3, 2017|accessdate = March 4, 2017|publisher = United States Citizenship and Immigration Services}}</ref><ref>{{cite web|url = http://indianexpress.com/article/world/uscis-to-suspend-premium-processing-service-for-h-1b-visas-from-april-3-as-h-1b-reform-bill-introduced-in-congress-4553812/|title = USCIS to suspend Premium Processing Service for H-1B visas from April 3|publisher = ''Indian Express''|date = March 3, 2017|accessdate = March 4, 2017}}</ref> Petitioners can still make discretionary expedite requests subject to the usual constraints on such requests.<ref name=uscis-h-1b-pps-suspension/><ref name=expedite-criteria>{{cite web|url = https://www.uscis.gov/forms/expedite-criteria|title = Expedite Criteria|publisher = United States Citizenship and Immigration Services|accessdate = March 4, 2017}}</ref> || The suspension of Premium Processing is believed to be related to work under President Donald Trump to change the regulations and procedures surrounding immigration, as well as legislation under discussion that would alter the working of the H-1B program.<ref>{{cite web|url = http://www.theverge.com/2017/3/3/14810830/us-immigration-trump-h-1b-visa-processing-wait-times|title = US to suspend fast processing of H-1B visas for high-skilled workers|last = Statt|first = Nick|date = March 3, 2017|accessdate = March 4, 2017|publisher = ''The Verge''}}</ref><ref>{{cite web|url = http://www.cnn.com/2017/03/04/us/h1b-visa-premium-processing-suspended/|title = US suspends expedited processing of H-1B visas |last = Karimi|first = Faith|date = March 4, 2017|accessdate = March 4, 2017|publisher = ''[[CNN]]''}}</ref><ref>{{cite web|url = https://www.engadget.com/2017/03/03/us-suspends-premium-processing-for-h-1b-visas/|title = US suspends 'premium processing' for H-1B visas. Heavily used by tech companies like Microsoft and Facebook, it let applicants receive an answer faster for a fee.|last = Lawler|first = Richard|date = March 3, 2017|accessdate = March 4, 2017|publisher = ''Engadget''}}</ref>
 
|-
 
|-
| 1961 || September 21 || Legislation || U.S. Department of State || J (exchange visitors) || The {{w|Fulbright–Hays Act of 1961}}, also known as the Mutual Exchange and Cultural Exchange Act of 1961 (MECEA), is signed into law by President {{w|John F. Kennedy}} after passing both chambers of the {{w|87th United States Congress}}. The Act encourages mutual education and cultural exchange between the United States and other countries, and in particular, leads to the creation of the {{w|J-1 visa}} category.<ref>{{cite web|url = https://www2.ed.gov/about/offices/list/ope/iegps/fulbrighthaysact.pdf|title = Mutual Education and Cultural Exchange Program|accessdate = April 7, 2017}}</ref>
+
| 2019 || || INS/USCIS guidance || Reinstatement of Premium Processing for H-1B || USCIS || Premium Processing availability resumes, with no fee change. || No change || No change || Premium Processing now available for cap-subject petitions, starting in late May or early June depending on the type of petition. || Start date for Premium Processing countdown is May 20, 2019 for cap-subject change of status petitions,<ref>{{cite web|url = https://www.uscis.gov/news/alerts/premium-processing-begins-certain-cap-subject-h-1b-petitions-may-20|title = Premium Processing Begins for Certain Cap-Subject H-1B Petitions on May 20|publisher = [[United States Citizenship and Immigration Services]]|date = March 29, 2019|accessdate = January 25, 2020}}</ref> and June 10, 2019 for other cap-subject petitions (precise date announced June 7, 2019).<ref>{{cite web|url = https://www.uscis.gov/news/alerts/premium-processing-begins-remaining-h-1b-cap-subject-petitions-june-10|title = Premium Processing Begins for Remaining H-1B Cap-Subject Petitions on June 10|publisher = [[United States Citizenship and Immigration Services]]|date = June 7, 2019|accessdate = January 25, 2020}}</ref>
 
|-
 
|-
| 1965 || October 3 || Legislation (landmark) || Executive branch || || The {{w|Immigration and Nationality Act of 1965}}, also known as the Hart–Celler Act for its co-sponsors, is signed into law by President {{w|Lyndon B. Johnson}} after passing both chambers of the {{w|89th United States Congress}}. The Act would go into effect on June 30, 1968. As of 2017, it is the most recent radical overhaul of the immigration system in the United States.
+
| 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 adjustication process itself || Starting with Fiscal Year 2021, USCIS moves its lottery system to ''before'' the filing of petitions. Between March 1 and March 20, prospective petitioners (known as "registrants") must file an online application with USCIS, including basic information on the petition. All registrants who apply within this timeframe would then go through the lottery process, with registrants learning by March 31 whether they were selected. Selected registrants may file H-1B petitions by June 30.<ref>{{Cite web|url = https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process|title = H-1B Electronic Registration Process|accessdate = April 21, 2020|publisher = United States Citizenship and Immigration Services}}</ref><ref name=shrm-h-1b-lottery-changes>{{cite web|url = https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/2020-h1b-visa-filing-process-has-changed.aspx|title = The H-1B Visa Filing Process Has Changed. Here’s What You Need to Know. Changes meant to ease the process may boost number of visa applicants, experts say|date = February 5, 2020|last = Maurer|first = Roy|accessdate = April 21, 2020}}</ref>
 
|-
 
|-
| 1970 || || Legislation || Immigration and Naturalization Services, U.S. Department of State || H-4, K, L || The H-4, K and L visas are created by a 1970 Amendment to the Immigration and Nationality Act.<ref name=pl-91-225>{{cite web|url = https://www.govinfo.gov/content/pkg/STATUTE-84/pdf/STATUTE-84-Pg116.pdf|title = Public Law 91-225|accessdate = June 26, 2020}}</ref><ref name=work-visa-history/><ref name=oig-l-visa>{{cite web|url = https://www.oig.dhs.gov/assets/Mgmt/2013/OIG_13-107_Aug13.pdf|title = Implementation of L-1 Visa Regulations|publisher = Department of Homeland Security Office of Inspector General|date = August 9, 2013|accessdate = April 7, 2017}}</ref>
+
| 2020 || June 22 || Executive Order || Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak || President {{w|Donald Trummp}} || No change || No change || No change || No change || In light of increased unemployment levels following the {{w|COVID-19 pandemic in the United States}}, United States President Donald Trump issues a presidential proclamation suspending the issuance of new visas in many categories, including H-1B, by United States consulates, till the end of 2020. Existing visas would continue to be honored, and H-1B adjudications by USCIS would continue. The effective immpact is that only people already in the United States would be able to transition to or extend H-1B status, and would not be able to travel outside the United States unless they already have a valid visa.<ref>{{cite web|url = https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/|title = Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak|date = June 22, 2020|accessdate = June 26, 2020|publisher = White House|last = Trump|first = Donald}}</ref><ref>{{cite web|url = https://www.vox.com/policy-and-politics/2020/6/22/21299484/trump-executive-order-immigration-h1b-visa-covid|title = A new Trump proclamation will block foreign workers. It could affect hundreds of thousands of foreigners stranded abroad.|date = June 22, 2020|accessdate = June 26, 2020|publisher = Vox|last = Narea|first = Nicola}}</ref>
 +
|}
 +
 
 +
== 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.<ref name=shrm-h-1b-lottery-changes/> We'll make a table here once we have at least two years of data on the new lottery system, as we'll have a clearer idea then what dates can vary year-over-year.
 +
 
 +
Due to the {{w|2020 coronavirus pandemic in the United States}}, the USCIS announced on March 20, 2020 that Premium Processing Service would be suspended for all petitions (for both Form I-129 and I-140) effective immediately, and any requests not already accepted would be returned, along with the payment being returned. Already submitted requests for Premium Processing would be refunded if the USCIS failed to take action on the case within the promised 15-day period.<ref>{{cite web|url = https://www.uscis.gov/working-united-states/temporary-workers/uscis-announces-temporary-suspension-premium-processing-all-i-129-and-i-140-petitions-due-coronavirus-pandemic|title = USCIS Announces Temporary Suspension of Premium Processing for All I-129 and I-140 Petitions Due to the Coronavirus Pandemic|date = March 20, 2020|accessdate = March 28, 2020|publisher = United States Citizenship and Immigration Services}}</ref> This follows a previous announcement of temporary suspension of Premium Processing for cap-subject H-1B petitions for Fiscal Year 2021, with the earliest possible date of resumption of Premium Processing for that category being June 29, 2020.<ref>{{cite web|url = https://www.uscis.gov/news/alerts/uscis-announces-temporary-suspension-premium-processing-fy2021-cap-subject-petitions|title = USCIS Announces Temporary Suspension of Premium Processing for FY2021 Cap-Subject Petitions|date = March 16, 2020|accessdate = March 28, 2020|publisher = United States Citizenship and Immigration Services}}</ref>
 +
 
 +
=== 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 {{w|Form I-129}}, and any Form I-129 petition can be submitted at most six months in advance of the indicated start date. Therefore, cap-subject petitions in a given Fiscal Year start on the first weekday of April (usually April 1, sometimes April 2 or April 3) of the preceding calendar year. Early April is sometimes called "H-1B season", "H-1B cap season", "H-1B filing season", or "H-1B petition season", and is the subject of much informal discussion among petitioners, beneficiaries, and commentators.
 +
 
 +
Starting with Fiscal Year 2006, USCIS has implemented a lottery to determine what petitions to adjudicate if it hits the cap. According to this regulation, all petitions received ''before'' the date the USCIS hits its cap are processed, but petitions received on the day it hits the cap are run through a lottery that selects the number necessary to just hit the cap.<ref name=uscis-lottery-regulation/>
 +
 
 +
For Fiscal Year 2008, USCIS had to close petitions after just two days of receiving petitions.<ref name=fy-08-h-1b-lottery/> The heavy pressure on service centers and overnight courier services<ref name=nlr-lottery-lawsuit/> at the start of cap season led to USCIS changing its process somewhat starting Fiscal Year 2009. USCIS would now wait at least the first five working days of April to receive petitions, and, if enough petitions were received in the first five days, it would put ''all'' petitions received in the first five days (not just those on the last day) through its lottery to determine which petitions would be adjudicated.<ref name=nlr-lottery-lawsuit/><ref name=fy-09-h-1b-lottery/> USCIS has achieved its cap after five days in every fiscal year starting Fiscal Year 2014 onward (see table below).
 +
 
 +
Due to the huge influx of petitions right around April 1, USCIS, for Fiscal Years 2014 through 2017, pre-announced delays in the beginning of countdown for Premium Processing Service; the 15-day countdown for petitions submitted between April 1 and this delayed start date would start on the delayed start date, rather than the date the petition was received. For Fiscal Years 2018 and 2019, Premium Processing Service was suspended entirely during the cap season.
 +
 
 +
{| class="wikitable sortable"
 +
! Fiscal Year !! Date of announcement for delay in processing cap-subject petitions !! Date of delayed start for the 15-day countdown for Premium Processing Service !! Date that the USCIS opened applications !! Last date the USCIS accepted cap-subject petitions !! Last date the USCIS accepted petitions for the 20,000 masters degree positions !!  Lottery used to select petitions for processing?
 
|-
 
|-
| 1976 || October 20 || Legislation || Immigration and Naturalization Services || H (temporary workers) || The Eilberg Amendment, sponsored by {{w|Joshua Eilberg}} after lobbying by the {{W|Association of American Universities}}, is signed into law.<ref>{{cite web|url = https://www.congress.gov/bill/94th-congress/house-bill/14535/all-actions?overview=closed#tabs|title =H.R.14535 - An Act to amend the Immigration and Nationality Act, and for other purposes.|accessdate = April 7, 2017}}</ref> The legislation allows nonprofit research institutions to sponsor unlimited numbers of foreign nationals without having to meet previously required standards regarding wages and working conditions.<ref>{{cite web|url = http://www.thesocialcontract.com/artman2/publish/tsc1503/article_1312.shtml|title = Career Destruction Sites Is What U.S. Colleges Have Become|last = Nelson|first = Gene|publisher = [[wikipedia:The Social Contract Press|The Social Contract Press]]|accessdate = April 7, 2017}}</ref><ref name=work-visa-history>{{cite web|url = http://immigration-weaver.blogspot.com/p/a-legislative-history-of-h-1b-and-other.html|title = A Legislative History of H-1B and Other Immigrant Work Visas|accessdate = April 7, 2017}}</ref> It would later be cited as a precedent for the [[wikipedia:Immigration Act of 1990|Immigration Act of 1990]].<ref>{{cite web|url = http://commdocs.house.gov/committees/judiciary/hju63314.000/hju63314_0f.htm|title = H-1B TEMPORARY PROFESSIONAL WORKER VISA PROGRAM AND INFORMATION TECHNOLOGY WORKFORCE ISSUES|date = August 5, 1999|accessdate = April 7, 2017}}</ref>
+
| Fiscal Year 2006 (begins October 1, 2005) || N/A || N/A || April 1, 2005 || August 10, 2005<ref>{{cite web|url = https://www.uscis.gov/sites/default/files/files/pressrelease/H-1Bcap_12Aug05.pdf|title = USCIS Reached H-1B Cap|date = August 12, 2005|accessdate = August 13, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || January 17, 2006<ref name="Lottery Data"/> || No
 
|-
 
|-
| 1979 || || Organizational restructuring || U.S. Department of State Bureau of Consular Affairs || || The Bureau of Security and Consular Affairs is restructured: its security functions are moved to the [[wikipedia:Bureau of Diplomatic Security|Bureau of Diplomatic Security]], and the organization is renamed te Bureau of Consular Affairs.
+
| Fiscal Year 2007 (begins October 1, 2006) || N/A || N/A || April 3, 2006 || May 26, 2006<ref>{{cite web|url = https://www.uscis.gov/sites/default/files/files/pressrelease/FY07H1Bcap_060106PR.pdf|title = USCIS Reaches H-1B Cap|date = June 1, 2006|accessdate = August 13, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || July 26, 2006<ref name="Lottery Data"/> || Yes
 
|-
 
|-
| 1980 || || Legislation || Executive branch || || The {{w|96th United States Congress}} passes the Refugee Act of 1980, standardizing the process of refugee resettlement. This leads to the creation of the {{w|United States Refugee Admissions Program}} (USRAP).
+
| Fiscal Year 2008 (begins October 1, 2007) || N/A || N/A || April 2, 2007<ref name=fy-08-h-1b-lottery/> || April 3, 2007<ref name=fy-08-h-1b-lottery>{{cite web|url = https://www.uscis.gov/sites/default/files/files/pressrelease/H1BFY08Cap040307.pdf|title = USCIS Reached FY 2008 H-1B Cap|date = April 3, 2007|accessdate = August 12, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || April 30, 2007<ref>{{cite web|url = https://www.uscis.gov/sites/default/files/files/pressrelease/H1Bfy08CapUpdate050407.pdf|title = USCIS REACHES H-1B EXEMPTION CAP FOR FISCAL YEAR 2008: 20,000 Slots Reserved for Aliens with Master’s Degrees or Higher Exhausted|date = may 4, 2007|accessdate = August 17, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || Yes
 
|-
 
|-
| 1981 || January 20 || Leadership change || Executive branch || || Republican politician {{w|Ronald Reagan}} is sworn in as {{w|President of the United States}}.
+
| Fiscal Year 2009 (begins October 1, 2008) || N/A || N/A || April 1, 2008<ref name=fy-09-h-1b-lottery/> || April 7, 2008<ref name=fy-09-h-1b-lottery>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-runs-random-selection-process-h-1b-petitions|title = USCIS Runs Random Selection Process For H-1B Petitions|date = April 14, 2008|accessdate = August 13, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || April 7, 2008<ref name=fy-09-h-1b-lottery/> || Yes
 
|-
 
|-
| 1982 || February 22 || Leadership change || Immigration and Naturalization Services || || {{w|Alan C. Nelson}} becomes the Comissioner of the INS, working under President [[wikipedia:Ronald Reagan|Ronald Reagan]].<ref name=uscis-nelson-bio>{{cite web|url = https://www.uscis.gov/history-and-genealogy/our-history-8|title = Alan C. Nelson: Commissioner of Immigration and Naturalization Service, February 22, 1982 - June 16, 1989|date = February 4, 2016|accessdate = October 24, 2016|publisher = [[wikipedia:United States Citizenship and Immigration Services|United States Citizenship and Immigration Services]]}}</ref>
+
| Fiscal Year 2010 (begins October 1, 2009) || April 20, 2009<ref name=fy-2010-pps-update>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-updates-count-fy2010-h-1b-petition-filings-0|title = USCIS Updates Count of FY2010 H-1B Petition Filings|date = April 20, 2009|accessdate = August 13, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || April 7, 2009<ref name=fy-2010-pps-update/> || April 1, 2009<ref>{{cite web|url = https://www.uscis.gov/news/public-releases-topic/visas-h-1b/2010-h-1b-petition-season|title = 2010 H-1B Petition Season|date = April 8, 2009|accessdate = August 13, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || December 21, 2009<ref>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-reaches-fy-2010-h-1b-cap|title = USCIS Reaches FY 2010 H-1B Cap|date = December 22, 2009|accessdate = August 13, 2017}}</ref> || July 9, 2009<ref name="Lottery Data"/> || No
 
|-
 
|-
| 1983 || January 9 || Organizational restructuring || Executive Office for Immigration Review, Board of Immigration Appeals, Immigration and Naturalization Services || || The {{w|Executive Office for Immigration Review}} (EOIR) is created as part of the U.S. Department of Justice. The EOIR combines two pre-existing functions: the [[wikipedia:Board of Immigration Appeals|Board of Immigration Appeals]] (also originally under the DOJ) and the Immigration Judge function (carried out previously by the INS, which was at the time under the DOJ).<ref name=eoir-history>{{cite web|url = https://www.justice.gov/eoir/about-office|title = About the Office|publisher = [[wikipedia:Executive Office for Immigration Review|Executive Office for Immigration Review]]|accessdate = March 18, 2017}}</ref>
+
| Fiscal Year 2011 (begins October 1, 2010) || April 8, 2010<ref name=fy-2011-pps-update>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-continues-accept-fy-2011-h-1b-petitions|title = USCIS Continues to Accept FY 2011 H-1B Petitions|date = April 8, 2010|accessdate = August 12, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || April 7, 2010<ref name=fy-2011-pps-update/> || April 1, 2010<ref>{{cite web|url = http://www.livesaymyers.com/uscis-to-accept-h-1b-petitions-for-fiscal-year-2011-beginning-april-1-2010/|title = USCIS to Accept H-1B Petitions for Fiscal Year 2011 Beginning April 1, 2010|last = Lindsay|first = James|date = March 9, 2010|accessdate = August 12, 2017|publisher = Lindsay & Myers}}</ref> || January 26, 2011<ref>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-reaches-fy-2011-h-1b-cap|title = USCIS Reaches FY 2011 H-1B Cap|date = January 27, 2011|accessdate = August 12, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || December 22, 2010<ref name="Lottery Data"/> || No
 
|-
 
|-
| 1985 || February || Leadership change || U.S. Department of Justice || || {{w|Edwin Meese}} becomes {{w|United States Attorney General}}.<ref>{{cite web|url = https://www.nytimes.com/1985/02/24/us/senate-approves-meese-to-become-attorney-general.html|title = SENATE APPROVES MEESE TO BECOME ATTORNEY GENERAL|author = Leslie Maitland Wiener|date = February 24, 1985|accessdate = March 19, 2017|publisher = [[wikipedia:New York Times|New York Times]]}}</ref><ref>{{cite news |url=http://articles.latimes.com/1989-08-09/news/mn-107_1_wedtech-scandal |title=Wallach Found Guilty of Racketeering, Fraud: Meese's Friend, Two Others Convicted in Wedtech Scandal |date=1989-08-09 |first=Robert L. |last=Jackson |author2=John J. Goldman |publisher=Los Angeles Times}}</ref> The Attorney General heads the U.S. Department of Justice, and prior to the September 11 attacks, the INS was under the Department of Justice.
+
| Fiscal Year 2012 (begins October 1, 2011) || April 8, 2011<ref name=fy-12-continued-acceptance>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-continues-accept-fy-2012-h-1b-petitions|title = USCIS Continues to Accept FY 2012 H-1B Petitions|date = April 8, 2011|accessdate = August 12, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || April 7, 2011<ref name=fy-12-continued-acceptance/> || April 1, 2011<ref>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-start-accepting-h-1b-petitions-fy-2012-april-1-2011|title = USCIS to Start Accepting H-1B Petitions for FY 2012 on April 1, 2011|date = March 18, 2011|accessdate = August 12, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || November 22, 2011<ref>{{cite web|url = https://www.uscis.gov/archive/archive-news/uscis-reaches-fiscal-year-2012-h-1b-cap|title = USCIS Reaches Fiscal Year 2012 H-1B Cap|publisher = United States Citizenship and Immigration Services}}</ref> || October 19, 2011<ref name="Lottery Data"/> || No
 
|-
 
|-
| 1986 || November 6 || Legislation (landmark) || Immigration and Naturalization Services; current equivalent: United States Citizenship and Immigration Services || H-2 (H-2A, H-2B; temporary workers) || The {{w|Immigration Reform and Control Act of 1986}} (IRCA) is signed into law by President Ronald Reagan, after passing both houses of the {{w|99th United States Congress}} after three years of legislative back-and-forth. The key sponsors are {{w|Alan K. Simpson}} and {{w|Romano L. Mazzoli}}, so the act is also known as the Simpson–Mazzoli Act. This combines an amnesty for people who have been present in the United States for a while, a restructuring of the H-2 program splitting it into the H-2A (unlimited temporary agricultural workers) and H-2B (other temporary workers), and more resources into enforcement.<ref>{{cite web|url = https://www.gpo.gov/fdsys/pkg/STATUTE-100/pdf/STATUTE-100-Pg3445.pdf|title = Public Law 99-603|date = November 6, 1986|accessdate = March 15, 2017|publisher = [[wikipedia:United States Government Publishing Office|United States Government Publishing Office]]}}</ref> The Act also includes a provision for what would later become the [[wikipedia:Visa Waiver Program|Visa Waiver Program]].<ref>{{cite book|url = https://books.google.com/books?id=GjkHDAAAQBAJ&pg=PA173&lpg=PA173&dq=legislative+origins+of+visa+waiver+program+1986&source=bl&ots=hJ3ZWdFkez&sig=YNfFh66pk3bYN0-UXiQUrFG5JAM&hl=en&sa=X&ved=0ahUKEwiExcjQgPzSAhVI52MKHZ_GDoIQ6AEIJzAC#v=onepage&q=legislative%20origins%20of%20visa%20waiver%20program%201986&f=false|title = Foreigners, Refugees Or Minorities?: Rethinking People in the Context of Border Controls and Visas|last = Bigo|first = Didier}}</ref>
+
| Fiscal Year 2013 (begins October 1, 2012) || N/A || N/A || April 2, 2012<ref name=fy-13-h-1b-announcement>{{cite web|url = https://www.uscis.gov/news/uscis-accept-h-1b-petitions-fiscal-year-2013-beginning-april-2-2012|title = USCIS to Accept H-1B Petitions for Fiscal Year 2013 Beginning April 2, 2012|date = March 27, 2012|accessdate = August 12, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || June 11, 2012<ref name=fy-13-cap-reached>{{cite web|url = https://www.uscis.gov/news/uscis-reaches-fiscal-year-2013-h-1b-cap|title = USCIS Reaches Fiscal Year 2013 H-1B Cap|date = June 12, 2012|accessdate = August 12, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || June 7, 2012<ref name=fy-13-cap-reached/><ref name="Lottery Data"/> || No
 
|-
 
|-
| 1987 || October 21 || Deferred action || Immigration and Naturalization Services || || Alan C. Nelson, INS Commissioner announces {{w|Family Fairness}}, a deferred action policy for children (and, in rare cases, spouses) of people eligible to legalie per the IRCA, to solve the problem of split-eligibility families.<ref name=aic>{{cite web|url = https://www.americanimmigrationcouncil.org/research/reagan-bush-family-fairness-chronological-history|title = Reagan-Bush Family Fairness: A Chronological History|date = December 9, 2014|accessdate = February 5, 2017|publisher = American Immigration Council}}</ref>
+
| Fiscal Year 2014 (begins October 1, 2013) || March 15, 2013<ref name=fy-14-h-1b-announcement>{{cite web|url=http://www.uscis.gov/news/uscis-accept-h-1b-petitions-fiscal-year-2014-april-1-2013|title = USCIS to Accept H-1B Petitions for Fiscal Year 2014 on April 1, 2013|date = March 15, 2013|accessdate = April 20, 2015|publisher = United States Citizenship and Immigration Services}}</ref><ref name=aila-h-1b-pps-delay>{{cite web|url=http://www.aila.org/infonet/uscis-delay-processing-h-1b-cap-subject-petitions|title = USCIS to Delay Premium Processing for H-1B Cap-Subject Petitions Until April 15, 2013|publisher = American Immigration Lawyers Association|accessdate = April 5, 2015}}</ref> || April 15, 2013<ref name=fy-14-h-1b-announcement/><ref name=aila-h-1b-pps-delay/> || April 1, 2013<ref name=fy-14-h-1b-announcement/> || April 5, 2013<ref name=fy-14-cap-reached>{{cite web|url=http://www.uscis.gov/news/uscis-reaches-fy-2014-h-1b-cap|title = USCIS Reaches FY 2014 H-1B Cap|date = April 8, 2013|accessdate = April 20, 2015}}</ref> || April 5, 2013<ref name=fy-14-cap-reached/> || Yes
 
|-
 
|-
| 1988 || July || Visas || United Kingdom || || The {{w|United Kingdom}} becomes the first country to participate in the newly created {{w|Visa Waiver Program}} (VWP), a program for reciprocal visa-free travel between the United States and other countries.
+
| Fiscal Year 2015 (begins October 1, 2014) || March 25, 2014<ref name=fy-15-h-1b-pps-delay-announcement>{{cite web|url=http://www.uscis.gov/news/alerts/uscis-begin-premium-processing-h-1b-cap-subject-petitions-april-28-2014|title = USCIS to Begin Premium Processing of H-1B Cap-Subject Petitions by April 28, 2014|date = March 25, 2014|accessdate = April 20, 2015|publisher = United States Citizenship and Immigration Services}}</ref> || April 28, 2014<ref name=fy-15-h-1b-pps-delay-announcement/> || April 1, 2014<ref>{{cite web|url=http://www.uscis.gov/news/uscis-accept-h-1b-petitions-fiscal-year-2015-beginning-april-1-2014|title = USCIS to Accept H-1B Petitions for Fiscal Year 2015 Beginning April 1, 2014|date = March 25, 2014|accessdate = April 20, 2015|publisher = United States Citizenship and Immigration Services}}</ref> || April 7, 2014<ref name=fy-15-cap-reached>{{cite web|url=http://www.uscis.gov/news/uscis-reaches-fy-2015-h-1b-cap|title = USCIS Reaches FY 2015 H-1B Cap|date = April 7, 2014|accessdate = April 20, 2015|publisher = United States Citizenship and Immigration Services}}</ref> || April 7, 2014<ref name=fy-15-cap-reached/> || Yes
 
|-
 
|-
| 1988 || October 15 || Leadership change || U.S. Department of Justice || || {{w|Dick Thornburgh}} becomes Attorney General, succeeding scandal-engulfed Edwin Meese.
+
| Fiscal Year 2016 (begins October 1, 2015) || March 12, 2015<ref name=fy-16-h-1b-announcement>{{cite web|url=http://www.uscis.gov/news/uscis-will-accept-h-1b-petitions-fiscal-year-2016-beginning-april-1-2015|title = USCIS Will Accept H-1B Petitions for Fiscal Year 2016 Beginning April 1, 2015|date = March 12, 2015|accessdate = April 20, 2015|publisher = United States Citizenship and Immigration Services}}</ref> || May 11, 2015 (initially announced)<ref name=fy-16-h-1b-announcement/><br>Later revised to April 27, 2015<ref>{{cite web|url=http://www.uscis.gov/news/alerts/h-1b-cap-premium-processing-begin-april-27|title = H-1B Cap Premium Processing to Begin April 27|date = April 14, 2015|accessdate = June 3, 2015}}</ref> || April 1, 2015<ref name=fy-16-h-1b-announcement/> || April 7, 2015<ref name=fy-16-cap-reached>{{cite web|url=http://www.uscis.gov/news/news-releases/uscis-reaches-fy-2016-h-1b-cap|title = USCIS Reaches FY 2016 H-1B Cap|publisher = United States Citizenship and Immigration Services|date = April 7, 2015|accessdate = April 20, 2015}}</ref> || April 7, 2015<ref name=fy-16-cap-reached/> || Yes
 
|-
 
|-
| 1988 || November 18 || Legislation (adjacent) || Executive branch || || The {{w|Anti-Drug Abuse Act of 1988}} is signed into law by President {{w|Ronald Reagan}} after passing both chambers of the [[wikipedia:100th United States Congress|100th United States Congress]]. The Act, though not focused on migration, introduces the concept of [[wikipedia:aggravated felony|aggravated felony]] to refer to murder, federal drug trafficking, and illicit trafficking of certain firearms and destructive devices. Aggravated felonies are grounds for removal and exclusion of aliens.<ref>{{cite web|url = https://www.americanimmigrationcouncil.org/sites/default/files/research/aggravated_felonies.pdf|title = Aggravated Felonies: An Overview|publisher = American Immigration Council|accessdate = April 7, 2017}}</ref><ref>{{cite web|url = http://trac.syr.edu/immigration/reports/155/|title = Aggravated Felonies and Deportation|publisher = TRAC Immigration|accessdate = April 7, 2017}}</ref>
+
|Fiscal Year 2017 (begins October 1, 2016) || March 16, 2016<ref name=fy-17-h-1b-announcement>{{cite web|url = https://www.uscis.gov/news/news-releases/uscis-will-accept-h-1b-petitions-fiscal-year-2017-beginning-april-1-2016|title = USCIS Will Accept H-1B Petitions for Fiscal Year 2017 Beginning April 1, 2016|publisher = United States Citizenship and Immigration Services|date = March 16, 2016|accessdate = March 26, 2016}}</ref> || May 16, 2016 (initially announced)<ref name=fy-17-h-1b-announcement/><br>Later revised to May 12, 2016<ref>{{cite web|url = https://www.uscis.gov/news/fiscal-year-2017-h-1b-cap-premium-processing-begin-may-12|title = Fiscal Year 2017 H-1B Cap Premium Processing to Begin May 12|date = April 25, 2016|accessdate = March 4, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || April 1, 2016<ref name=fy-17-h-1b-announcement/> || April 7, 2016<ref name=fy-17-cap-reached>{{cite web|url = https://www.uscis.gov/news/news-releases/uscis-reaches-fy-2017-h-1b-cap|title = USCIS Reaches FY 2017 H-1B Cap|date = April 7, 2016|accessdate = March 4, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || April 7, 2016<ref name=fy-17-cap-reached/> || Yes
 
|-
 
|-
| 1989 || January 20 || Leadership change || Executive branch || || Republican politician and incumbent vice-president {{w|George H. W. Bush}} becomes President of the United States, succeeding Ronald Reagan.
+
|Fiscal Year 2018 (begins October 1, 2017) || N/A (Premium Processing suspended) || N/A (Premium Processing suspended) || April 3, 2017<ref>{{cite web|url = https://www.uscis.gov/news/news-releases/uscis-will-accept-h-1b-petitions-fiscal-year-2018-beginning-april-3|title = USCIS Will Accept H-1B Petitions for Fiscal Year 2018 Beginning April 3|date = March 15, 2017|accessdate = August 13, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || April 7, 2017<ref name=fy-18-cap-reached>{{cite web|url = https://www.uscis.gov/news/news-releases/uscis-reaches-fy-2018-h-1b-cap|title = USCIS Reaches FY 2018 H-1B Cap|date = April 7, 2017|accessdate = August 13, 2017|publisher = United States Citizenship and Immigration Services}}</ref> || April 7, 2017<ref name=fy-18-cap-reached/> || Yes
 
|-
 
|-
| 1989 || June 16 || Leadership change || Immigration and Naturalization Services || || INS Commissioner Alan C. Nelson is fired, amidst clashes with Attorney General Dick Thornburgh who wants to bring the INS more firmly under his own control, as well as accusations against Nelson of mismanagement.<ref name=uscis-nelson-bio/><ref name=nyt-oblique-attack>{{cite web|url = https://www.nytimes.com/1989/03/14/us/washington-talk-immigration-naturalization-service-s-chief-tilts-against-oblique.html|title = WASHINGTON TALK: IMMIGRATION AND NATURALIZATION; Service's Chief Tilts Against an 'Oblique' Attack on His Policies|last = Berke|first = Richard|date = March 14, 1989|accessdate = October 24, 2016|publisher = ''[[New York Times]]''}}</ref><ref name=lat-fired>{{cite web|url = http://articles.latimes.com/1989-06-26/news/mn-3253_1_justice-department-justice-dept-alan-c-nelson|title = INS Chief Resigns; Under Fire in Justice Dept. Audit|publisher = [[Associated Press]]|date = June 26, 1989|accessdate = October 24, 2016}}</ref>
+
| 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/news/alerts/uscis-will-temporarily-suspend-premium-processing-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 = December 27, 2018|publisher = United States Citizenship and Immigration Services}}</ref> || April 6, 2018<ref name=fy-19-cap-reached>{{cite web|url = https://www.uscis.gov/news/alerts/uscis-reaches-fy-2019-h-1b-cap|title = USCIS Reaches FY 2019 H-1B Cap|date = April 6, 2018|accessdate = December 27, 2018|publisher = United States Citizenship and Immigration Services}}</ref> || April 6, 2018<ref name=fy-19-cap-reached/> || Yes<ref name=fy-18-cap-reached/>
 
|-
 
|-
| 1990 || February 5 || Deferred action || Immigration and Naturalization Services || || The {{w|Family Fairness}} policy is extended to spouses of IRCA-eligible people. The extension serves as a bridge to a legislation that is passed as part of the {{w|Immigration Act of 1990}}.<ref name=prwatch>{{cite web|url = http://www.prwatch.org/files/interpreter_releases_feb_5_1990.pdf|title = Interpreter releases: report and analysis of immigration and nationality law|date = February 5, 1990|accessdate = February 22, 2017}}</ref><ref name=nytimes-2-2>{{cite web|url = http://www.nytimes.com/1990/03/05/nyregion/new-policy-aids-families-of-aliens.html|title = New Policy Aids Families of Aliens|last = Howe|first = Marvine|publisher = ''[[wikipedia:New York Times|New York Times]]''|date = }}</ref>
+
|Fiscal Year 2020 (begins October 1, 2019) || March 19, 2019<ref name=fy-20-h-1b-announcement>{{cite web|url = https://www.uscis.gov/news/news-releases/uscis-announces-fy-2020-h-1b-cap-season-start-updates-and-changes|titlee = USCIS Announces FY 2020 H-1B Cap Season Start, Updates, and Changes|publisher = [[United States Citizenship and Immigration Services]]|date = March 19, 2019|accessdate = January 25, 2020}}</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 = January 25, 2020}}</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
|-
+
|}
| 1990 || November 29 || Legislation (landmark) || Immigration and Naturalization Services || H-1 (H-1A, H-1B) || The {{w|Immigration Act of 1990|Immigration Act of 1990]] is signed into law by President {{w|George H. W. Bush}}. While mostly focused on legal temporary and permanent immigration, some provisions of the Act are relevant to enforcement. In particular, the Family Unity Policy passed as part of the Act supersedes the Family Fairness executive action.<ref name="Fordham Journal Highlights">{{cite web|last1=Leiden|first1=Warren|title=Highlights of the U.S. Immigration Act of 1990|url=http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1270&context=ilj|publisher=Fordham International Law Journal|accessdate=September 30, 2014}}</ref><ref name="US immigration legislation">{{cite web|last1=Stone|first1=Stephanie|title=1190 Immigration and Nationality Act|url=http://library.uwb.edu/guides/usimmigration/1990_immigration_and_nationality_act.html|website=U.S. Immigration Legislation Online|publisher=U.S. Immigration Legislation Online|accessdate=September 30, 2014}}</ref>
+
 
|-
+
There are also some other online sources tabulating H-1B cap season since the mid-2000s.<ref name=aic-h-1b-fact-sheet>{{cite web|url = https://www.americanimmigrationcouncil.org/research/h1b-visa-program-fact-sheet|title = The H-1B Visa Program: A Primer on the Program and Its Impact on Jobs, Wages, and the Economy|date = April 1, 2016|accessdate = August 13, 2017|publisher = American Immigration Council}}</ref><ref name=redbus2us-cap-reach-dates>{{cite web|url = https://redbus2us.com/h1b-visa-cap-reach-dates-history-graphs-uscis-data/|title = H1B Visa Cap Reach Dates History 2000 to 2018 – Graph – USCIS Data|author = Kumar|date = June 19, 2017|accessdate = August 13, 2017}}</ref><ref name="Lottery Data">{{cite web|title=H - 1B Petition Data  FY1992  – Present|url=http://immigration.uschamber.com/uploads/sites/400/USCC-USCIS-H1B-petition-data-and-cap-dates-FY92-FY16_2.pdf|website=immigration.uschamber.com|accessdate=22 February 2016|archiveurl=https://web.archive.org/web/20160222174414/http://immigration.uschamber.com/uploads/sites/400/USCC-USCIS-H1B-petition-data-and-cap-dates-FY92-FY16_2.pdf|archivedate=22 February 2016}}</ref>
| 1993 || January 20 || Leadership change || Executive branch || || Democratic politician {{w|Bill Clinton}} becomes President of the United States, after defeating incumbent George H. W. Bush in elections.
+
 
|-
+
=== Data before Fiscal Year 2006 ===
| 1993 || March 11 || Leadership change || U.S. Department of Justice || || {{w|Janet Reno}} becomes Attorney General.
+
 
|-
+
This period was characterized by significant flux in caps as well as the way petitions count toward the cap. Notes explaining the reason for changes in numbers are included. See the [[#Full timeline]] for more context on the specific changes. Data is from the United States Chamber of Commerce.<ref name="Lottery Data"/>
| 1993 || October 18 || Leadership change || Immigration and Naturalization Services || || {{w|Doris Meissner}} becomes INS Commissioner.<ref name=ins>{{cite web|url = https://www.uscis.gov/history-and-genealogy/our-history-19|title = Doris Meissner. Commissioner of Immigration and Naturalization Service, October 18, 1993 - November 18, 2000|accessdate = July 5, 2016|publisher = [[wikipedia:United States Citizenship and Immigration Services|United States Citizenship and Immigration Services]]}}</ref><ref name=nyt-ins-start>{{cite web|url = http://www.nytimes.com/1993/06/19/us/president-chooses-an-expert-to-halt-smuggling-of-aliens.html|title = President Chooses an Expert To Halt Smuggling of Aliens|last = Ifill|first = Gwen|date = June 19, 1993|accessdate = July 5, 2016|publisher = ''[[wikipedia:New York Times|New York Times]]''}}</ref>
+
 
|-
+
{| class="wikitable sortable"
| 1994 || January 1 || Treaty or trade agreement || Executive branch || TN (free trade visa for Canada/Mexico) || The {{w|North American Free Trade Agreement}} (NAFTA) comes into force. The agreement is between the {{w|United States}}, {{w|Canada}}, and {{w|Mexico}}. Though primarily pertaining to trade, the agreement also includes some provisions on facilitating easier movement across borders, and in particular leads to the {{w|TN visa}}.
+
! Fiscal Year !! Cap !! Number used !! Date cap reached !! Explanation of changes to cap !! Explanation of changes to number used or date cap reached
 
|-
 
|-
| 1996 || April 24 || Legislation (adjacent) || Executive branch || || The {{w|Antiterrorism and Effective Death Penalty Act of 1996}} is signed into law by President [[wikipedia:Bill Clinton|Bill Clinton]] after passing both chambers of the {{w|104th United States Congress}}. Though not focused on migration, the Act has provisions related to the removal and exclusion of alien terrorists and modification of asylum procedures.
+
| Fiscal Year 1992 (begins October 1, 1991) || 65,000 || 48,600 || N/A || N/A || N/A
 
|-
 
|-
| 1996 || September 30 || Legislation (landmark) || Immigration and Naturalization Services || || {{w|Illegal Immigration Reform and Immigrant Responsibility Act of 1996}} is signed into law by President Bill Clinton after passing both chambers of the 104th United States Congress. It includes a number of provisions facilitating various forms of immigration enforcement that would be rolled out over the next two decades.
+
| Fiscal Year 1993 (begins October 1, 1992) || 65,000 || 61,600 || N/A || N/A || N/A
 
|-
 
|-
| 1997 || || Legislation || || || {{w|Nicaraguan Adjustment and Central American Relief Act}} (NACARA)
+
| Fiscal Year 1994 (begins October 1, 1993) || 65,000 || 60,300 || N/A || N/A || N/A
 
|-
 
|-
| 1998 || October 21 || Legislation || || H-1B || {{w|American Competitiveness and Workforce Improvement Act}} (ACWIA)
+
| Fiscal Year 1995 (begins October 1, 1994) || 65,000 || 54,200 || N/A || N/A || N/A
 
|-
 
|-
| 2000 || October 17 || Legislation || || H-1B || {{w|American Competitiveness in the 21st Century Act}} (AC21).
+
| Fiscal Year 1996 (begins October 1, 1995) || 65,000 || 55,100 || N/A || N/A || N/A
 
|-
 
|-
| 2000 || October 28 || Legislation || || T, U || {{w|Victims of Trafficking and Violence Protection Act of 2000}}. This would lead to the creation of the {{w|T visa}}, a temporary status for people who are the victims of trafficking and slave-like conditions. The status could lead to permanent residency after a few years. It would also create the {{w|U visa}} that serves a siilar purpose.
+
| Fiscal Year 1997 (begins October 1, 1996) || 65,000 || 65,000 || September 1, 1997 || N/A || N/A
 
|-
 
|-
| 2000 || December 21 || Legislation || Immigration and Naturalization Services; current equivalent United States Citizenship and Immigration Services || V, K-3, K-4 || The {{w|Legal Immigration Family Equity Act}} is passed. Among other things, the Act allows for the overlooking of unauthorized presence in the United States for people who have been in the queue for permanent residency for a long time. The Act primarily references immigrant processing functions now under USCIS rather than enforcement functions, but also contains some protection from removal proceedings. Specifically, protection from removal proceedings begins ''after'' the Form I-485 (green card application) is filed; people who are eligible for legalization in the future through this Act but are still in the queue may be subject to removal proceedings.<ref name=uscis-green-card>{{cite web|url = https://www.uscis.gov/green-card/other-ways-get-green-card/green-card-through-legal-immigration-family-equity-life-act|title = Green Card Through the Legal Immigration Family Equity (LIFE) Act|accessdate = February 8, 2016|publisher = [[United States Citizenship and Immigration Services]]}}</ref><ref name=procon>{{cite web|url = http://immigration.procon.org/view.answers.php?questionID=000793|title = What Was the 2000 Legal Immigration Family Equity (LIFE) Act?|publisher = [[ProCon.org]]|accessdate = February 8, 2016}}</ref><ref name=uscis-press-release>{{cite web|url = https://www.uscis.gov/sites/default/files/files/pressrelease/LegalImmigFamEquityAct_122100.pdf|title = Legal Immigration Family Equity Act|date = December 21, 2000|accessdate =  February 9, 2016|publisher = [[United States Citizenship and Immigration Services]]}}</ref>
+
| Fiscal Year 1998 (begins October 1, 1997) || 65,000 || 65,000 || May 1, 1998 || N/A || N/A
 
|-
 
|-
| 2004 || || Treaty or trade agreement || USCIS, U.S. Department of State's Bureau of Consular Affairs || H-1B1 || The {{w|Singapore–United States Free Trade Agreement}} and {{w|Chile–United States Free Trade Agreement}} becomes active. While mostly focused on trade, the agreement gives rise to the {{w|H-1B1 visa}} (available to people from Singapore and Chile), providing another option for people from the two countries who want to work in the United States.
+
| Fiscal Year 1999 (begins October 1, 1998) || 115,000 || 115,000 || June 15, 1999 || {{w|American Competitiveness and Workforce Improvement Act}} (ACWIA) temporarily increases cap || Increased demand for programmers due to the {{w|dot-com bubble}}
 
|-
 
|-
| 2004 || || Legislation || USCIS, U.S. Department of State's Bureau of Consular Affairs || H-1B || {{w|H-1B Visa Reform Act of 2004}} and {{w|L-1 Visa Reform Act of 2004}}
+
| Fiscal Year 2000 (begins October 1, 1999) || 115,000 || 115,000 || July 21, 2000 || N/A || N/A
 
|-
 
|-
| 2005 || || Treaty or trade agreement || USCIS, U.S. Department of State's Bureau of Consular Affairs || E-3 || The {{w|Australia–United States Free Trade Agreement}} becomes active. While pertaining mostly to trade, the Agreement also leads to the creation of the {{w|E-3 visa}} category, making it easier for people from Australia to come to the United States temporarily for work.
+
| Fiscal Year 2001 (begins October 1, 2000) || 195,000 || 163,600 || N/A || {{w|American Competitiveness in the 21st Century Act}} (AC21) temporary increases cap || N/A
 
|-
 
|-
| 2011 || January 10 || Visas || || || The {{w|Interview Waiver Program}}, where people applying for a visa renewal can skip the visa interview under some circumstances, is announced.<ref>{{cite web|url = https://photos.state.gov/libraries/nogales/231771/PDFs/Beginning%20January%2010.pdf|title = Beginning January 10, 2011, the U.S. Embassy and Consulates will process visas differently|accessdate = January 29, 2017}}</ref> The program would roll out incrementally over the next several years until being suspended by President Donald Trump's {{w|Executive Order 13769}}
+
| Fiscal Year 2002 (begins October 1, 2001) || 195,000 || 79,100 || N/A || N/A || Two effects. First, the various provisions of AC21 that mean fewer petitions (including change of job, and petitions by nonprofit research institutions) count toward the cap. Second, the dot-com bubble gives way to the {{w|early 2000s recession}}
 
|-
 
|-
| 2013 || March 27 to May 21 || Port of entry processing || CBP Office of Field Operations || || {{w|Form I-94}} is made electronic at air and sea ports. The announcement in the ''[[wikipedia:Federal Register|Federal Register]]'' occurs on March 27,<ref>{{cite web|url = https://www.federalregister.gov/documents/2013/03/27/2013-06974/definition-of-form-i-94-to-include-electronic-format|title = Definition of Form I-94 To Include Electronic Format|date = March 27, 2013|accessdate = December 29, 2016|publisher = ''[[Federal Register]]''}}</ref> and the rollout happens from April 30 to May 21.<ref name=nafsa-rollout>{{cite web|title = Updates On DHS Plans To Automate Form I-94 Process|url = https://www.nafsa.org/Resource_Library_Assets/Regulatory_Information/Updates_On_Electronic_Form_I-94_Process/#rollout|date = August 12, 2013|accessdate = December 29, 2016}}</ref><ref>{{cite web|url = https://internationalaffairs.uchicago.edu/news/end-paper-i-94-new-i-94-automation-guidelines|title = End of Paper I-94 / New I-94 Automation Guidelines|date = April 30, 2013|accessdate = December 29, 2016|publisher = [[University of Chicago]]}}</ref>
+
| Fiscal Year 2003 (begins October 1, 2002) || 195,000 || 78,000 || N/A || N/A || N/A
 
|-
 
|-
| 2017 || January 27 || Executive order || U.S. Department of State's Bureau of Consular Affairs, CBP Office of Field Operations || || Newly elected United States President {{w|Donald Trump}} issues {{w|Executive Order 13769}}. This immediately suspends issuance of visas to people from the 7 countries listed at the time by DHS as [[w:State Sponsors of Terrorism (U.S. list)|State Sponsors of Terrorism]]. It also suspends the {{w|Interview Waiver Program}}<ref>{{cite web|url = https://www.vox.com/2017/1/27/14370854/trump-refugee-ban-order-muslim|title = Trump's executive order on refugees closes America to those who need it most. It lays the groundwork for a fundamental shift in how the US allows people to enter the country.|last = Lind|first = Dara|date = January 27, 2017|accessdate = January 29, 2017|publisher = ''[[Vox (website)|Vox]]''}}</ref><ref>{{cite web|url = https://qz.com/895149/trump-is-suspending-the-visa-interview-waiver-program/|title = Trump just made it harder for tourists to visit the US|last = Yanofsky|first = David|date = January 27, 2017|accessdate = January 29, 2017|publisher = ''[[Quartz (publication)|Quartz]]''}}</ref><ref>{{cite web|url = http://www.cnn.com/2017/01/27/politics/donald-trump-refugees-executive-order/index.html|title = Trump's latest executive order: Banning people from 7 countries and more|last = Diamond|first = Jeremy|publisher = ''[[CNN]]''|date = January 29, 2017|accessdate = January 29, 2017}}</ref>
+
| 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
 
|-
 
|-
| 2017 || March 6 || Executive order || U.S. Department of State's Bureau of Consular Affairs, CBP Office of Field Operations || || Newly elected United States President {{w|Donald Trump}} issues {{w|Executive Order 13780}}. This supersedes and refines Executive Order 13769, providing more detail on the ban of entry for people from the countries listed as State Sponsors of Terrorism. The list of affected countries and the nature of restriction continues to be modified. In particular, Presidential Proclamation 9645 (September 24, 2017) and Presidential Proclamation 9723 (April 10, 2018) modify the executive order.
+
| Fiscal Year 2005 (Begins October 1, 2004) || 65,000 || 65,000 || October 10, 2004 || Note that although the {{w|H-1B Visa Reform Act of 2004}}, adding 20,000 slots for people with United States Masters degrees, is passed in December 2004, during this Fiscal Year, it looks like this gets activated only the next year, in Fiscal Year 2006. There is some uncertainty around this. || N/A
 
|}
 
|}
  
 
== See also ==
 
== See also ==
  
 +
* [[Timeline of immigrant processing and visa policy in the United States]]
 
* [[Timeline of immigration enforcement in the United States]]
 
* [[Timeline of immigration enforcement in the United States]]
* [[Timeline of Chinese immigration to the United States]]
 
* [[Timeline of migration-related nongovernmental organizations in the United States]]
 
  
 
== References ==
 
== References ==
  
 
{{reflist|30em}}
 
{{reflist|30em}}

Revision as of 08:52, 26 June 2020

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 graph below shows Google Trends data from 2004 (the start of availability of data) to April 2020, when the screenshot was last updated.[1]

H-1B visa Google Trends.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.

Wikipedia pageviews

The graph below shows Wikipedia pageviews for the H-1B visa from December 2007 (the start of availability of data) to March 2020, the most recent completed month when the screenshot was last updated.[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 ther 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 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 on 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] There appears to be no further action on this proposal after May 2.
2013 March 15 Proposed legislation STAPLE Act (full name: Stopping Trained in America 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]
2019 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,[64] and June 10, 2019 for other cap-subject petitions (precise date announced June 7, 2019).[65]
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 adjustication 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.[66][67]
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 Trummp 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 immpact 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.[68][69]

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.[67] 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 2020 coronavirus 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.[70] 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.[71]

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.[72] 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][73] 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?
Fiscal Year 2006 (begins October 1, 2005) N/A N/A April 1, 2005 August 10, 2005[74] January 17, 2006[75] No
Fiscal Year 2007 (begins October 1, 2006) N/A N/A April 3, 2006 May 26, 2006[76] July 26, 2006[75] Yes
Fiscal Year 2008 (begins October 1, 2007) N/A N/A April 2, 2007[72] April 3, 2007[72] April 30, 2007[77] Yes
Fiscal Year 2009 (begins October 1, 2008) N/A N/A April 1, 2008[73] April 7, 2008[73] April 7, 2008[73] Yes
Fiscal Year 2010 (begins October 1, 2009) April 20, 2009[78] April 7, 2009[78] April 1, 2009[79] December 21, 2009[80] July 9, 2009[75] No
Fiscal Year 2011 (begins October 1, 2010) April 8, 2010[81] April 7, 2010[81] April 1, 2010[82] January 26, 2011[83] December 22, 2010[75] No
Fiscal Year 2012 (begins October 1, 2011) April 8, 2011[84] April 7, 2011[84] April 1, 2011[85] November 22, 2011[86] October 19, 2011[75] No
Fiscal Year 2013 (begins October 1, 2012) N/A N/A April 2, 2012[87] June 11, 2012[88] June 7, 2012[88][75] No
Fiscal Year 2014 (begins October 1, 2013) March 15, 2013[89][90] April 15, 2013[89][90] April 1, 2013[89] April 5, 2013[91] April 5, 2013[91] Yes
Fiscal Year 2015 (begins October 1, 2014) March 25, 2014[92] April 28, 2014[92] April 1, 2014[93] April 7, 2014[94] April 7, 2014[94] Yes
Fiscal Year 2016 (begins October 1, 2015) March 12, 2015[95] May 11, 2015 (initially announced)[95]
Later revised to April 27, 2015[96]
April 1, 2015[95] April 7, 2015[97] April 7, 2015[97] Yes
Fiscal Year 2017 (begins October 1, 2016) March 16, 2016[98] May 16, 2016 (initially announced)[98]
Later revised to May 12, 2016[99]
April 1, 2016[98] April 7, 2016[100] April 7, 2016[100] Yes
Fiscal Year 2018 (begins October 1, 2017) N/A (Premium Processing suspended) N/A (Premium Processing suspended) April 3, 2017[101] April 7, 2017[102] April 7, 2017[102] Yes
Fiscal Year 2019 (begins October 1, 2018) N/A (Premium Processing suspended) N/A (Premium Processing suspended) April 2, 2018[103] April 6, 2018[104] April 6, 2018[104] Yes[102]
Fiscal Year 2020 (begins October 1, 2019) March 19, 2019[105] May 20, 2019 for cap-subject change of status petitions;[106] June 10, 2019 for other cap-subject petitions (precise date announced June 7, 2019)[107] April 1, 2019[105] April 5, 2019[108] April 5, 2019[108] Yes

There are also some other online sources tabulating H-1B cap season since the mid-2000s.[109][110][75]

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.[75]

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

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