USCIS announced on
April 7, 2017, that it has received enough H-1B petitions to reach the
statutory 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 enough 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 conducted 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 that are
otherwise 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 in a
second H-1B position.
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Immigration & Tax Law Firm
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