VISA Petitions for 2017


The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations.

What does specialty occupation mean? “Specialty occupation” requires highly specialized knowledge in a field of human endeavor, including but not limited to, biotechnology, chemistry, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor’s degree or its equivalent as a minimum.

What about the model who sued Donald Trump for bringing her with an H-1B visa and she claimed she was his slave? Fashion Models can also come with H-1B visas and there is no requirement of a bachelor’s degree but must be “of distinguished merit and ability”.

If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker must either apply for and be granted a change of status to another non-immigrant status, find another employer (subject to application for adjustment of status and/or change of visa), or leave the U.S.

On March 16, 2016, the U.S. Citizenship and Immigration Services (USCIS) announced that on April 1, 2016, it will begin accepting H-1B petitions subject to the fiscal year 2017 cap. U.S. businesses use the H-1B program to employ foreign workers in three main areas: science, engineering and computer programming.

The congressionally mandated cap on H-1B visas for FY 2017 is 65,000. The first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap.

USCIS expects to receive more than 65,000 petitions during the first weeks of this year’s program.

Cases will be considered accepted on the date USCIS receives a properly filed I-129 petition with the appropriate fees.

You should remember that this article is not intended to provide you with legal advice; it is intended only to provide guidance about H-1B visas and immigration related issues.  Furthermore, the article is not intended to explain or identify all potential issues that may arise in connection with an H-1B visa application.  Each case is fact-specific and therefore similar cases may have different outcomes.


I represent individuals in immigration cases.  If you have any questions or concerns about an immigration case or potential case, you can call me at (315) 422-5673, send me a fax at (315) 466-5673, or e-mail me at The Law Office of Jose Perez is located at 120 East Washington Street, Suite 925, Syracuse, New York 13202. We are also in Buffalo and coming soon to ROCHESTER!!! Please look for my next article in the May edition.


Leave a Reply

Your email address will not be published. Required fields are marked *