Skip to Content

FY 2020 H-1B Cap Season Begins on April 1, 2019


U.S. Citizenship and Immigration Services (USCIS) will accept new H-1B petitions subject to the annual quota for fiscal year 2020 (FY 2020) starting April 1, 2019. The H-1B employment visa is reserved for temporary professional workers filling specialty occupations, which require at least a bachelor’s degree or the equivalent in a field directly relevant to the job. The H-1B employment visa is limited to 65,000 Bachelor's Cap and 20,000 Master's Cap visa applications per year, called the H-1B Cap. The soonest an employer may file an H-1B petition is April 1st, for an October 1, start date. An H-1B via is normally valid for a total period of six (6) years, H-1B visas may be extended indefinitely upon the timely filing of the H-1B employee’s Green Card application. H-1B visas are normally issued in increments of three (3) years.

Upon the H-1B Cap being reached (65,000 Bachelor's Degree Cap and 20,000 U.S. Master's Degree Cap) after the first 5 days of filing (April 1 to 5, 2019) there is a lottery for the petitions. In the past few years, the H-1B Bachelor's and U.S. Master's Cap has been reached within the first 5 business days of April. There is no way of knowing how many petitions will be filed this H-1B Cap Season, however, we anticipate that at least 85,000 Cap petitions will be filed this year. If a petition is selected, it is assigned a receipt number and USCIS would move forward with adjudication (approval, denial, request for evidence, etc.). If a petition is not selected, it would receive a rejection notice and the U.S. Government filing fee will be returned.

Employers should identify any current or future employees who may require new H-1B visas to work in the United States. Employees on F-1 (student practical trainees) visas who need an H-1B to continue working with you, foreign nationals who are currently going through the hiring process, employees who were not able to make it under last year's H-1B cap and individuals seeking to change to H-1B status from another visa status (such as H-4, L-1, TN, or O-1) will likely need H-1B sponsorship.

The H-1B positions offered to foreign national employees require Department of Labor attestations regarding, job title, worksite, and minimum salary which has to be paid to the employee. The H-1B petition has specific requirements that must be met and supporting documentation must be obtained. Start-ups, small businesses, and consulting companies require additional documentation vis-à-vis bigger/well-known companies filing H-1B petitions. In cases where the employees will be placed at third party worksite (end-client location), the H-1B sponsoring employer has to provide Master Services Contract, Statement of Work, Purchase Order and an end-client letter along with the H-1B petition.

We request companies to evaluate their H-1B needs and notify us as soon as possible. Please, do not wait to the last minute. We have seen a recent surge in issuance of Requests for Evidence (RFEs) issued by USCIS in connection with H-1B petitions, especially on the issue of whether the position qualifies as a specialty occupation, employer-employee relationship, and availability of sufficient specialty work for the full three-year requested in the H-1B. Despite the higher level of scrutiny being applied by USCIS, the Immigration Attorneys at Verma LAW FIRM have secured approval of H-1B petitions and we are available to work closely with employers to navigate these challenges and prepare approvable H-1B petitions in light of the current immigration climate. Our goal is to give you the best service possible. Let us guide you to ensure your petition will be successful.

Share To:

Contact Verma Law Firm Today

Serving Clients Throughout San Jose, San Francisco & Around The World
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy