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If companies have employees who will need to be sponsored for new H-1B visas for the fiscal year 2016, they should get started now. U.S. Citizenship and Immigration Services (USCIS) will start accepting new H-1B petitions for fiscal year 2016 on Wednesday, April 1, and it is extremely likely that this year's H-1B quota will be met within five business days of the opening.
Once the cap is met, USCIS will stop accepting new petitions until next year's H-1B cap, which will open again on April 1, 2016. If USCIS receives more petitions than are available in the quota, then a lottery will be conducted to select the petitions that will be processed under the H-1B cap. Please note that only new H-1B petitions are affected by the H-1B cap; H-1B petitions involving an individual who has already been counted against the H-1B cap or who has previously held H-1B status are not affected by the H-1B cap.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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