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Summary of the i squared act of 2015
- 1. Summary of the I‐Squared Act of 2015
By Greg Siskind
Title I – Employment‐Based Nonimmigrant Visas
Section 101. Market‐Based H‐1B Visa Limits
The language creates a new concept of having a base H‐1B allocation for each fiscal year and then a
possible addition to that base number depending on how strong demand is for H‐1Bs. The cap will float
between 115,000 and 195,000 depending on market conditions. [Note: The 195,000 cap is a reduction
from the 300,000 that the 2013 version of this bill contained]. The base cap is 115,000. The cap can rise
based on the following formula:
‐ If the cap is hit before day 45 then 20,000 more numbers will be made available beginning on
day 46
‐ If the cap is hit between day 46 and 60, then 15,000 more numbers will be made available on
day 61
‐ If the cap is hit between days 61 and day 90, then 10,000 more numbers will be made available
on day 91
‐ If the cap is hit between day 91 and day 275, then 5,000 more numbers will be made available
on day 276
The cap can also be lowered based on the following formula:
‐ If the number of approved petitions is at between 5,000 and 9,999 fewer than the base
allocation for that fiscal year, then the base will decrease for the next year by 5,000
‐ If the number of approved petitions is at between 10,000 and 14,999 fewer than the base
allocation for that fiscal year, then the base will decrease for the next year by 10,000
‐ If the number of approved petitions is at between 55,000 and 19,999 fewer than the base
allocation for that fiscal year, then the base will decrease for the next year by 15,000
‐ If the number of approved petitions is more than 20,000 fewer than the base allocation for that
fiscal year, then the base will decrease for the next year by 20,000
DHS has to post online a summary of data regarding H‐1B adjudications and must make the above
adjustments in a timely manner.
The cap of 20,000 on those with advanced degrees from US universities is eliminated and there will be
no cap on such individuals.
H‐1B1 numbers for Chileans and Singapore nationals will no longer be subtracted from the H‐1B cap and
extensions of H‐1B1s will not reduce the annual cap on H‐1B1s.
Section 102. Employment Authorization for Dependents of H‐1B Nonimmigrants