Despite USCIS’ announcement last week that anticipated H-1B usage may trigger a lottery for all H-1B petitions that are receipted by April 5, 2013, Immigration Law Weekly through its daily newsletter Immigration Daily stands by its observation that a lottery will likely not be triggered.  ILW believes that usage numbers for this season are headed higher than the previous season, but are still not large enough to trigger a lottery.
ILW’s prediction stems from the fact that less than a dozen companies account for the vast majority of the new numbers, all of these companies are in the IT sector, and only these companies matter in projecting whether a lottery will be triggered or not (e.g., Microsoft). As best as ILW can tell, none of these companies are intending to file the kinds of numbers necessary to trigger a lottery – despite the fact that a whole lot more petitions, which would last year have been L petitions, are being filed this year as Hs.
I hope this is true because clients are coming out of the woodwork to get H-1B petitions filed, although we worked out a plan to get all of our cap cases filed today for delivery early next week.

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