On April 11,
USCIS used a computer-generated random selection process to select enough H-1B
petitions to meet the congressionally-mandated cap and the U.S. advanced degree
exemption, known as the master’s cap, for fiscal year (FY) 2019.
USCIS received
190,098 H-1B petitions during the filing period, which began April 2, including
petitions filed for the advanced degree exemption. USCIS announced on April 6, that it
had received enough H-1B petitions to reach the statutory cap of 65,000 and the
master’s cap of 20,000. USCIS will reject and return all unselected petitions
with their filing fees unless the petition is a prohibited multiple filing.
USCIS conducted
the selection process for the master’s cap first. All unselected master’s cap
petitions then became part of the random selection process for the 65,000 cap.
USCIS will
continue to accept and process petitions that are otherwise exempt from the
cap. Petitions filed for current H-1B workers who have been counted previously
against the cap, and who still retain their cap number, will also not be
counted towards the FY 2019 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.
My Law,
LLC
Immigration & Tax Law Firm
Phone: (630) 903-9625
1700 Park Street, Suite 203
Naperville, IL 60563
E-mail: attorney@mylawllc.com
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