The FY 2018 H-1B visa petition season will begin in April, and employers will be able to file petitions with U.S. Citizenship and Immigration Services (USCIS) beginning on April 1, 2017.  The H-1B visa cap is 65,000 visas, with an additional 20,000 visas available to foreign nationals who have earned a master's degree or higher.

 

Employers should begin working with legal counsel and H-1B candidates now to finalize all paperwork necessary to file a petition.  The minimum filing period for H-1B petitions is five business days under USCIS regulations.  If the petitions filed during that period exceed the annual cap, a lottery will be held to randomly select the cases the agency will adjudicate.  If previous years are any indication, it is likely that the 2018 cap will be exceeded within the first five business days of April such that a lottery will be necessary.  To be eligible for lottery participation, H-1B petitions should be completed and filed as soon as possible after the filing period opens.