News

Immigration Alert: Cap-Subject H-1Bs Approved for Fiscal Year 2018 to Take Effect on October 1

H-1B cap-subject visa petitions filed and approved by U.S. Citizenship and Immigration Services (USCIS) for Fiscal Year 2018 will take effect on or after October 1, 2017.

Change of Status Filings:
H-1B cap-subject petitions filed as “change of status” will take effect on October 1, 2017 if the beneficiary:

After October 1, a beneficiary departing the U.S. must apply for an H-1B visa at a U.S. Consulate abroad in order to re-enter the U.S. in valid H-1B status. U.S. Consulates require a personal interview to apply for a visa, and most require a number of weeks to schedule an interview. Actual visa processing times vary by Consulate and can be found at the U.S. Department of State website. All beneficiaries are advised to check the website of the specific Consulate for further information on scheduling the interview and visa processing.

Consular Notification Filings:
H-1B cap-subject petitions filed as “consular notification” will not automatically change the beneficiary’s status to H-1B without further action. To activate H-1B status, the beneficiary must depart the U.S. if not already abroad, obtain an H-1B visa at a U.S. Consulate, and re-enter the U.S. utilizing the H-1B visa. H-1B status will take effect upon the date of re-entry into the U.S. (Note: Canadians are visa exempt.)

Next Steps for Employers:

Please visit the USCIS website for further details on the H-1B process. For more information, please contact your designated Gibney representative or email info@gibney.com.