Has your petition been chosen? - Weinstock Immigration Lawyers | Expert Advice & Representation in Immigration Law

On April 7, 2017, USCIS announced that it received enough H-1B petitions to reach the cap of 65,000 visas for fiscal year (FY) 2018. USCIS has also received a sufficient number of H-1B petitions to meet the U.S. advanced degree exemption, also known as the master’s cap.

USCIS received 199,000 H-1B petitions during the filing period, which began April 3, including petitions filed for the advanced degree exemption. On April 11, USCIS used a computer-generated random selection process, or lottery, to select petitions to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption. USCIS will reject and return all unselected petitions with their filing fees, unless the petition is found to be a duplicate filing.

The agency made the selection process for the advanced degree exemption first. All unselected advanced degree petitions then became part of the random selection process for the 65,000 cap. As announced on March 3, USCIS has temporarily suspended premium processing for all H-1B petitions, including cap-exempt petitions, for up to six months. USCIS will continue to accept and process petitions exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap will also not be counted towards the congressionally mandated FY 2018 H-1B cap. USCIS will continue to accept and process petitions filed to:

* Extend the amount of time a current H-1B worker may remain in the United States;

* Change the terms of employment for current H-1B workers;

* Allow current H-1B workers to change employers; and

* Allow current H-1B workers to work concurrently