H1B Update

As you are aware, there are a limited number of H-1B visas available each year: 20,000 under the master's degree cap and 65,000 under the regular cap. In the past few years, the quota has been reached months after April 1st, the first day H-1B petitions are accepted for the upcoming fiscal year. Last year the quota was reached on June 11, 2012. This year there is a chance the quota is reached in the first week. 

Under current regulations, the USCIS must accept H1B cap-subject cases during the first five business days in April. If the cap is reached or exceeded in the first five days, no more cases can be filed toward the cap until the next fiscal year. 


If the H1B cap is exceeded in the first five days, the USCIS will conduct a random lottery to select which cases filed in the first five days will be processed. In the event of a lottery, the cases that are not selected will be rejected.  USCIS will not deposit filing fees for rejected cases. If the H1B cap is not met in the first five days of filing, the USCIS continues to accept such cases until the cap limit is reached.

Besides, USCIS has suspended premium processing of H-1B applications until April 15th due to the large influx of H-1B cases filed in the first week. It means there should be action on premium processing H-1B cases by the end of April instead of mid-April.

My Law, LLC                                            
Immigration & Tax Law Firm

www.mylawllc.com

Phone: (630) 903-9625

1230 E. Diehl Rd. Suite 106

Naperville, IL 60563

E-mail: attorney@mylawllc.com