H1B Cap Reached in First Week: 124,000 H1B Petitions Filed

As predicted by many, including the U.S. Citizenship and Immigration Services (USCIS), the fiscal year 2014 (FY14) H1B cap limit was exceeded during the first five business days in April 2013. The USCIS has confirmed in a series of announcements that 124,000 H1B cap-subject filings were received by April 5, 2013. Thus, no additional cap-subject H1B filings will be accepted for FY14.

Regular and Advanced-Degree Caps Full

The USCIS received a sufficient number of case filings to reach both the H1B cap limit for the 65,000 regular cap limit and the additional 20,000 advanced-degree ("masters' cap") exemptions. As explained in previous MurthyDotCom NewsBriefs, including H1B Quota Exhaustion Likely by April 5, 2013, the USCIS is required to allow H1B filings for a minimum of the first five business days in April. However, they must still remain within the cap limits with respect to the number of cases processed to approval. Therefore, as explained below, not all of the 124,000 cases filed by April 5, 2013 will be accepted for processing.

Lottery Will Select Cases for Processing

Since the USCIS has more cases received between April 1 and April 5, 2013 than there are cap numbers, selection must be made using a random, computer-generated selection process. This process, known as a lottery, occurred on April 7, 2013. The lottery is conducted in two stages. First, the lottery is held for cases filed against the 20,000 advanced-degree cap exemptions. Cases not selected in that lottery were included in a second lottery, along with cases filed against the 65,000 regular cap limit. Cases not selected will be rejected and returned, along with the filing fee checks.

Conclusion

MurthyDotCom readers were informed immediately with NewsFlashes regarding the H1B cap closure and expected lottery. Continue to watch our website, as we provide timely updates regarding remaining H1B cap issues.

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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.

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