The I-Squared Act of 2015: Proposed H-1B Changes

H-1B cap season is upon us, but will the H-1B cap be increased?  You may have heard of the "I-Squared Act of 2015" (aka the "Immigration Innovation Act of 2015" or S. 153), introduced in the Senate in mid-January.  Like the President's Immigration Executive Action, the I-Squared Act contains a variety of proposals meant to improve the country's immigration system.  Not all of the provisions relate to H-1B workers, but that's what I'll address here.

The Bill begins with a section captioned, "Market-Based H-1B Visa Limits".   This Section describes a system which would provide for increased H-1B numbers depending on demand.  The H-1B cap would increase from the current 65,000 (+20,000) to 115,000 (but not more than 195,000).  Demand would be assessed on a rolling basis beginning 46 days after the first date when H-1B filings are permitted, then again on the 61^st day and so on.  That should certainly alleviate the distress of cap-subject employers...if the Bill were to