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When the Cap of 5,000 Visas Is Reached, Will the Petitions Be Rejected and Have to Be Refiled?

April 26, 2017cap petitions refiled visas

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When the Cap of 5,000 Visas Is Reached, Will the Petitions Be Rejected and Have to Be Refiled?

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USCIS will continue to process each petition, even after the annual cap has been reached. If the numerical limitation is not reached during a given fiscal year, the numerical limit for the following fiscal year shall be increased by the amount of numbers that were unused. If the numerical limitation for Fiscal Year 2012 is not reached, any unused numbers from that year may be used in Fiscal Year 2013. Numbers will not carry forward into Fiscal Year 2014. Family members do not count against this cap. When the petition has been approved, it will be sent to the National Visa Center. NVC will be in contact with the petitioner and will forward the petition to the Embassy when the visa case is ready for scheduling.