H-1B visas are popular with employers because of their broad applicability, but new H-1Bs are limited to 85,000 each fiscal year (which runs from October 1st to September 30th). The 85,000 available new H-1B visas are allocated as follows:

The limited availability of H-1B visas is known as the H-1B cap. For more information on the H-1B cap and its impact on employers, see Practice Note, The H-1B Nonimmigrant Visa Classification: The H-1B Cap.

Employers may begin requesting new H-1B visas six months before the fiscal year starts (April 1st), and may continue to file cap-subject H-1B petitions for as long as new H-1Bs remain available. In many years, however, including the past several fiscal years, the H-1B cap is met before the fiscal year even begins (see Legal Updates, USCIS Reaches H-1B Statutory Cap for FY2015, USCIS Reaches H-1B Statutory Cap for FY 2014 and USCIS Reaches Statutory Cap for Fiscal Year 2013). Therefore, to maximize their access to the supply of new H-1Bs, employers with foreign workers who require H-1B status to begin or continue working for the employers should file the H-1B petitions as early as possible. Petitions for new H-1B visas in FY2016 may be filed (received by US Citizenship and Immigration Services (USCIS)) between Wednesday, April 1, 2015 and Tuesday, April 7, 2015. If the USCIS receives enough qualifying H-1B petitions to satisfy the H-1B cap during the filing period, it will conduct a random selection (called a lottery) to identify the petitions to be processed. Petitions that are not selected will be rejected. USCIS will stop accepting cap-subject H-1B petitions once it has received a sufficient number to satisfy the cap.

Before filing the H-1B petition, employers must obtain a certified Labor Condition Application (LCA) from the DOL. It may take two or more weeks to obtain the certified LCA. Therefore, employers planning to file cap-subject H-1B petitions beginning on April 1st should ensure that the LCA applications required for those petitions are submitted as soon as possible. For more information on LCA requirements, see Practice Note, The H-1B Nonimmigrant Visa Classification: Labor Condition Application.

If approved, the H-1B status allows the foreign worker to be employed by the petitioning employer in the job described in the H-1B petition no earlier than October 1, 2015 (as requested in the petition) for up to three years, with the possibility for further extensions or amendments to the H-1B status (see Practice Note, The H-1B Nonimmigrant Visa Classification: Validity Period of H-1B Approval).

Practical Law has a collection of resources to help employers develop strategies for preparing and filing H-1B petitions for their foreign workers. For more information and links to these resources, see The H-1B Visa Classification Toolkit.

Employers that are unable to file an H-1B petition, or are unsuccessful in obtaining H-1B status, for their foreign workers may find alternative nonimmigrant visa status options in Practical Law's Key Nonimmigrant Visa Classifications Chart.