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H1B Visa 2016 – FAQs – Lottery, Quota, Immigration Reform, News

Updated : November 25th, 2015

H1B Visa 2016 Filing Season Complete, Cap reached on April 7th, 2015.

Planning for next H1B season, Check out H1B Visa 2017 FAQs

As many of you know, H1B Visa 2015 quota was over in the first week and a whopping 172,500 H1B petitions were received in first week by USCIS.  H1B Lottery / random selection was held by USCIS to select 85,000 H1B petitions to fulfil the work permit cap. Many of the unlucky ones are already wondering about next year H1B Visa quota. Also, some of you are planning for H1B visa for next year, you also would be wondering regarding the same. This article addresses many of the common questions, it will be updated constantly, whenever any changes to info.  Bookmark this page !  To start with, firstly the news updates on this season, followed by many commonly asked questions.

Official & Unofficial USCIS News Updates Regarding H1B 2016 Season 

When will the H1B season for fiscal 2016 begin ?

USCIS will accept petitions for H1B Visa 2016 season starting from April 1st, 2015.  USCIS did a press release on March 12th outlining the details. Read summary of press release by USCIS on H1B 2016 .

Will there be lottery again for H1B Visa 2016 ? Predictions ?

We had lottery for FY 2015 and FY 2014. The total number of petitions filed for FY 14 were about 125,000 and for  FY 2015, there were about 172,500 petitions… As H1B Quota did not increase for FY 2016, and the demand does not seem to decrease, we would very likely have lottery for FY 2016.  Read H1B Visa 2016 Lottery Predictions, Dates, Results

What is the H1B Visa quota Cap Count ? Would there be any changes to H1B 2016 count ?

H1B Visa quota cap count is the total number of petitions that USCIS will accept for a fiscal year to provide temporary work permit for highly skilled workers.  For the 2016 fiscal year, the cap count is as below :

  • Regular H1B Quota : 65,000
  • H1B Masters Degree Quota ( only US Degrees) : 20,000
  • Out of the above, a total of 6,800 is usually set aside for Singapore and Chile citizens as part of the free trade agreement between them.

As per the press release in March 2015, the quota did not increase.  To give some background, as per the Obama executive action in Nov 2014, no changes were announced to the H1B Cap count. There was proposal in 2013 to increase H1B cap from 65,000 to 110,000 and Masters quota to increase from 20,000 to 25,000 did not go through as of March 2015. At least, for this FY 2016 season, the quota is fixed and it will be as above and no changes.

When should I start planning for H1B Visa 2016 ? What are the steps ?

It depends on your situation. Below are few scenarios and your plan.

  • If you are a student on F1 Visa in USA, you need to plan for your internship/ CPT or OPT employment  at a company that can sponsor your H1B Visa for FY 2016. In my view, you should start now to find something for the fall 2014 and continue that for next spring so that you can file for FY 2016
  • If you are in other country and planning for H1B, it is good to start your process around the end of this year 2014. It will give you enough time to find sponsors, search for job, etc.
  • If you are on H4, L1 or other visa in USA and planning for H1B for FY 2016, you also should consider looking around end of this year i.e. December 2014.

We have published step by step plan, you can read the article How to plan for H1B Visa 2016 ?Step by Step Guide 

Most asked Question – How do I Find H1B Sponsors for FY 2016 ?

This is a million dollar question !  One of the biggest challenges is to find a good sponsor that can offer you a job and wait for you to start work after 6 months of filing your petition.  You should review the detail article on How to find H1B Sponsors for FY 2015. Your first place of start is to find the H1B Sponsors in an area or by company. Use our H1B Visa Sponsors Database to search and filter. Read this article on details on how to search in our H1B Sponsor database. We keep the database updated as DOL publishes data. Do NOT share your email or phone number on our website as comments, there are many people do H1B Sponsorship fraud by requesting money using your contact info. RedBus2US.com never provides personal guidance on H1B sponsors or seeks money from anyone, we only display publicly available data on our H1B Sponsors Database page. We DO NOT sponsor H1Bs or guide anyone. Beware of H1B sponsorship Fraud ! 

What about Comprehensive Immigration Reform ( CIR) – H1B Visa Changes ? What are they ?

There have been some proposed changes to the H1B Visa program to cater to the demand in the  US economy as part of the Comprehensive Immigration reform. Below are some of the proposed changes.

  • H1B Cap to be increased from 65,000 to 110,000 per year.  Also have provisions to have it up to 180,000 in case of extreme demand.
  • Advanced degree from US cap quota to increase from 20,000 to 25,000
  • The Filing fee for H1B could go up to 10,000 USD
  • Additional H1B rules to avoid H1B Visa fraud by employers
  • Mandatory LCA posting for 30 days before it is certified.

These were proposed in 2013, but nothing has moved significantly and all the above are just proposed rules. We are not sure when they will be implemented. You can read  Summary of CIR – Immigration reform – H1B Visa and Green Card  to get an idea. The latest update is that Obama has taken executive action on Immigration in Nov  2014  and none of the below are included as part of that.  Stay tuned for updates.

H1B Visa 2016 Fees – Any changes ? How much does it cost ?

There are various components of the fee. The H1B Application filing fee could range anywhere from $1,600 USD to $4,400 depending on the size of the company. The attorney fee can range from $500 to $3000 depending on the attorney. If you apply for premium processing that is another $1,225. The fees has not changed in the past couple of years for FY 2014 and FY 2015. Unless USCIS revises fee based on immigration reform, it should be same. We will keep you all posted. For complete details of the fee by components and break up, read the article H1B Visa  Fees and Who Pays for What ?

H4 Visa EAD rule impact on H1B Visa 2016 Season ?

As you know, certain H4 visa holders are now eligible for EAD. The H4 Visa EAD Rule Passed earlier in 2015 and is effective from May 26, 2015.  USCIS will start accepting applications for EAD from those eligible H4 visa holders starting from May 26th. The question is that will that have an impact on number of H1B petitions for this fiscal year  ?  It very likely will have certain impact on the number of H1B applications that are filed for this year 2016 quota. Many of the H4 holders, who would now be eligible for EAD, may not apply for H1B visa, just because it gives them more flexibility to work and more choices to work as well. We would have to wait and see, how much of an impact that would have, but it is very straightforward and no brainer for eligible H4 visa holder to avoid the H1B processing.

H1B visa Premium Processing Changes to H1B Visa 2016 quota ? 

USCIS updated in their press release that the premium processing will be accepted for FY 2016 quota and they will only begin that “no later than May 11, 2015”. What it means for the petitioners is that the official 15 day premium processing clock starts from May 11th, 2015 and their petition could be adjudicated within 15 days from May 11th, which would be May 26th, 2015.  USCIS can process them earlier as well, but their new timeline is just indication for setting the right expectations to meet the stipulated time frame for premium processing.

Track H1B Visa 2016 Cap Count updates ?

As in previous years, we have created a page, where would track the cap count updates for FY 2016. You may check out  H1B visa 2016 Cap Count Tracker.

While you wait, you can check out April 1st – USCIS H1B Visa 2016 Season Starts Today, When to expect Lottery ?

H1B Lottery Completed – Official Tweet and Press Release 

H1B Cap Reached – Official USCIS Tweet and Link to Press release :


Any other questions ?

Photo of author
Satheesh Kumar Ilu, commonly known as Kumar, is the founder of RedBus2US.com. He is an Immigration and Study Abroad expert. He holds an MS from the University of Houston–Clear Lake and an MBA from the University of Wisconsin–Milwaukee. He studied, lived, and worked in the U.S. and Singapore for nearly two decades, and has traveled to over 25 countries.

   

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28,610 Comments

    • Same doubt. Could anyone of the selected one confrim us if the checks were cashed before the Notification? Thks NON-AD/RP/VT

      Reply
  1. My wife’s petition was filed alongwith 2 others from her team…its a small company…one of the team mates got the receipt yesterday…should we stop hoping now? shouldnt all of them get the updates at the same time? I am not sure how the lottery is done…in the sense is it company wise quota or something…

    Please enlighten me…

    Reply
    • Hi !

      It is perfectly possible that different people within the same company get their H1B results at different times. So please do not lose heart.

      At the same time, you need to work on implementing plan B as well. – may be going to school and getting a masters. There are many legal avenues to maintain status in this country. (I’m assuming you are already here).

      Reply
  2. How alarming it it that number of AD’s getting picked is higher than nonAD, last year as well as this year! Almost all the US immigration process are transparent except this one. I’m sure this lottery is not really a lottery in true sense, there are some factors added by USCIS which affects the outcome of this so called lottery 🙂

    Reply
    • ADs are given preferrence over non-AD applicants – there are two reasons for this:

      1. They(USCIS) value a master’s degree(STEM) from renowned US universities over foreign degrees (unfortunately, even if you went to IIT or IIM).

      2. You must realize that the AD applicants are already here physically in the US, with an F1 legal status. So, for the USCIS, it is just a matter of converting status for an existing immigrant – rather than bringing in a new immigrant.

      Every country in the world (with the exception of a few) by default, try to limit the number of foreigners coming in every year. We can’t really blame them for this. It is a natural feeling of most citizens to not let too many foreigners come in to their country. People are protective of their country. I’m sure that this plays a role in the fact that a masters’ quota exists.

      BTW, getting a masters in the US is not easy. (Not because of the course work, but in any GOOD American university with decent standards, the coursework is fairly easy in comparison to top Indian universities – But, the course timelines, assignment deadlines, etc. is what make it difficult to score. Anything below 80% is technically a fail, a ‘C’ grade, which is not sufficient to graduate. So, with all the work these students put in, I think it is fair that they get a quota. I would not complain because I think the international students definitely deserve it).

      Reply
      • There are plenty of nonAD’s who are in US on F1 status. I have hardly notice any nonAD getting receipt .USCIS in general values STEM US degree no matter if its AD or nonAD thats why i believe that when STEM OPT extension rule was applied it was applied to AD as well as nonAD. Also doing Bachelors is also not easy(economically as well as course work wise) here in US. Whatever you explained about the course work of AD applies to nonAD also. I myself have done bachelors in US from one of top 5 public universities and has worked there for few years.

        Sadly i didnt get H1B last year but my employer is good and values my work so now im working from outside of US. I have applied for H1B this year also but im not that worried as i have my job secured. Also im working at the same level as many AD holders in my company as i have experience in technology thats new to my company.

        20K AD quota is not fishy(bcoz here criteria is clear that you need to be AD, whether you have got AD from US or anywhere else) but remaining 65K is, to me atleast. 🙂

        Reply
        • Dude. H1b reads highly skilled immigrant. A Masters guy is more skilled than a bachelors unindful of STEM or not.
          So keep calm do masters in us and apply.

          Reply
          • Why would i do masters when im working at the same level as the person holding masters? Keep calm and think about it
            Degree is not the representation of your skill sets atleast not in US when you are looking for a Job! And if you get a job just based on your degree without getting your skills tested than you might want to change your employer 😀

          • Anyways i commented to write about what i observed so far in last two years and not to discuss my H1B situation 🙂

        • I agree with you on the AD part. I believe not all ADs are same. By just having a Master’s from a no name university doesn’t make a candidate superior than a non-AD (Bachelor’s) degree holder from MIT, Stanford, Harvard. IMHO, getting a bachelor’s in US is a lot tougher than getting a Masters degree. USCIS should and going forward must give preference to people who studied in US. Also, there should be a point system to classify a job for work visa purposes. More points for people who stick to jobs that are relevant to their majors. I know many Masters students who join shady consultancy/body shopping companies after finishing their degree.

          Reply
          • Exactly.
            My point is that typical job description of majority of fortune 500 companies including the company i work for says “Bachelors or 4yrs of relevant exp” or “masters or 2yrs of relavent exp” for entry level job. My point is that when US companies are providing jobs they seems to be interested in what you know or do and not particularly in your degree(degree req is optional if you have relevant exp) than why H1B process is done completely opposite manner? Why USCIS fails to notice this?
            USCIS should implement point based system.

            Hiring process is different than the process required to keep those who are already hired 🙂

        • Hi

          I agree with you – both AD and Non-AD in the US are difficult programs. Especially the Bachelors, considering the higher costs. I am not comparing these two programs – US-based masters Vs. US-based bachelors in my post though.

          I simply spoke in this context with a reference ONLY TO the Masters degree candidates because they’re the ones who currently have the special quota in H1B process.

          Whether US Bachelors’ should be considered for the H1B quota is a completely different issue altogether.

          Thank You.

          Reply
          • To me its ok if nonAD is not part of any special quota.

            But what i tried to say is that i feel like nonAD are not getting a fair shot at 65K pool as amount of AD acceptance seems higher compared to nonAD.

            In 65K pool all nonAD and AD applications should be treated equally and have same % chance but i guess thats not the case and this is evident from the acceptance ratio of last and this year. Lottery process not being transparent make me doubt even more 🙂

  3. Finally CTS employees started receiving their Receipt Numbers for Non-AD/RP. at Chennai Location. Wish I get mine too ..

    Reply
  4. I have checked with my consultant. He mentioned that they have started receiving approved petitions. They don’t have update on mine.
    Do i have chances still? What date i can say as “cut off” for sending h1b approved petitions by USCIS?

    Reply
    • That means only your wife will go to US 😛

      lol … just kidding

      wait for some more time …you will get it 🙂

      Reply
  5. i see many people getting under NonAD/RP/..
    Does it mean still there are chances.
    Hope this name works for me.
    Blesse god

    Reply
  6. Hi,
    I have doubt the attorney applyh 1 b for single cmpny or multiple.then how they will know the particular check has been encashed.

    Reply
  7. Hi ALL,

    My friend got his recipt no.y’day….along with other 11 team members..

    we all are Non-AD/Vermont Bach/Regular processing….Now I am waiting for mine…..

    All the best to everyone.

    Reply
  8. Guys I hv question…

    Say our email id is wrongly entered in pitition or by USCIS employee, email may not receive. Does USCIS also sends hard copy receipts as well?

    If no, how it will be handled.

    I guess manual errors are defenetly possible.. Pls comment….

    Reply
    • The receipt will be emailed to the attorney’s email address, not yours – just clarifying. And yes, USCIS mails out a physical copy of your receipt too, again to the attorney’s office.

      Reply
  9. Can some one tell me the maximum eligible stay on B1 if the person is travelling for the first time on B1 visa. My question is not on B1 validity, my question is on stay. Your thoughts please.

    Reply
    • Its 6 months from the day you enter USA. Ask for 2 weeks to avoid the questions from the immigration officer, but you will get 6 months as a stranded procedure.

      Reply
      • The i94 information is correct. You will most likely get it for 6 months. However, be cautious here. Many large organizations now limit business travel on B1 to less than a month. If you stay 5 months on B1, nobody will raise a problem for you as long as you stay here. The trouble comes when you next go to US consulate for any kind of VISA. They will surely ask what “business” you did for 5 months, and grill you to find if you were “working”, which is illegal. It taints your record for sure. If you are a tourist/visitor though, as the visa is B1/B2, it does not really matter.

        Reply
  10. Hello all,

    I just got my receipt from HR department. Mine is AD and RP. I haven’t checked with my school as they don’t update us the information. The receipt number is WAC151405XXXX. Notice date is April 21.
    I wish all the best for everyone.

    Reply
    • Congrats! I am waiting on AD/RP/CSC. I dont see much update on this category. How did you receive your receipt? Email or Snail Mail ?? Thanks!

      Reply
  11. EVery one is praying…. Dont know how god is going to answer all 2,33,000 prayers…… Lottery already done… Results are there in the box…. Nothing can be changed… So inspite of looking for 100% positive hope, better have plan B ready incase lost in lottery…..Failure after 100% hope will be painfull….

    Reply
  12. Can some one tell me the maximum eligible stay on B1 if the person is travelling for the first time on B1 visa. My question is not on B1 validity, my question is on stay. Thanks.

    Reply
      • Not true. I-94 still exists but its electronic now. You can go on https://i94.cbp.dhs.gov/ to get your I-94. There will be a date by which you must exit USA to not violate your status.

        Cheers

        Reply
  13. hi, have been waiting for an update for one whole month now….I really cannot understand that why do we even apply for H1B when it’s based purely on luck .
    Everyone among us are educated enough to take care of himself. In spite of that we are tracking this forum as if there is no tomorrow!!
    Just forget about it …If you are destined to travel to US for your job, you will . Period (sic)

    Reply
  14. Hi,
    Can you please tell from which part IBM had files H1B case . Cal or Vermont.
    If possible please let me know the few Digits of receipt number.
    I have not got yet.
    Its showing case is closed and no receipt number yet in internal INSZoom of IBM.Please let me know is it correct .
    Highly worried.

    Reply
    • I received it on 27th April.
      My receipt starts with “WAC-XXXXXXXXX”.
      Wait till next week before closing out hope.

      Reply
    • Dont worry about the status in Inszoom. For me and many people it was in closed status from last month. That doesnot mean anything. I got my receipt yesterday. I am IBMer. Till May 10 you can keep 100% hopes and till May 15 to some extent can keep hopes…but this time it can go till end of May as well…since there are so many..

      Reply
    • I have checked with them and they told all results are updated to employer but i didn’t get any response from employer 🙁

      Reply
  15. Alright people…First time and probably last time posting in the forum. You guys were awesome and definitely more helpful than USCIS website 🙂

    I guess, I did not make it in this year and hence moving back to home country. I had one more chance to apply for next year but the wait has been a big pain!!!!

    To guys who are still waiting: Good luck everyone…I pray to god that the genuine guys win this lottery and multiple petitions and misrepresented applications loose.

    Reply
  16. All the best I did receive my receipt number dated 22April. Silent reader since last three years on this forum..
    @ H1bslaughteragain…. hope the original one have his receipt number this year at least. God bless you dear.

    Reply
  17. Any-buddy from TCS received the receipt?
    My fingers literally bent like a bow as i kept it crossed since the time i applied..!!!

    Reply
    • (MY JOB- Human’s Greed Satisfaction Level-Supervisor:
      To Provide/Bless humans , whatever you ask when you are in US.)

      Result will be published soon, lets keep fingers crossed.

      I am also waiting for H1b RP result follow
      ImmigirationGirl.com,
      your attorney ,
      your employer.

      Wishing you all the very best.

      Reply

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