H-1B CAP REACHED

As expected, USCIS announced that as of April 7, 2015 it had received enough H-1B petitions to reach the congressionally-mandated H-1B cap for fiscal year 2016.  This means that more than 85,000 H-1B petitions were filed with USCIS in one week.

At present, USCIS is completing intake of all petitions filed during the first week. Once this is completed, they will run a computer-generated random selection process (“the lottery”) to select 65,000 petitions for the general H1B quota, and 20,000 for the advanced degree quota. The lottery for the advanced degree selection will occur first, and any unselected petitions that qualified for that quota will be included in the second random selection for the general quota.

Any H-1B petitions filed by April 7 but not selected in the quota will be returned.  Likewise, any petitions subject to the quota that are filed after April 7, 2015 will be returned.

USCIS has not yet announced the date it will conduct the random selection process, nor when it will notify applicants of their acceptance or rejection.

USCIS will continue accepting petitions for H-1B’s that are not subject to the quota, including exempt employers and petitions for extension of stay or changes of employer where the employee has already been counted toward the cap.

If your case was not selected in the quota, you should contact skilled immigration counsel like Law Office of Adrienne J. Vaughan to discuss alternatives at the earliest opportunity.