H-1B Cap Reached

This morning, USCIS announced that the H-1B cap has been reached, both for the 65,000 general H-1B cap cases as well as the 20,000 cap cases reserved for beneficiaries with a US advanced degree, also known as the master’s cap.

All cap-subject cases received from 04/03 through 4/07/17 will go through a random selection process, also known as the “H-1B lottery,” to determine which cases will be processed and which cases will be returned. The random selection process is likely to be completed next week, after which the USCIS will BEGIN the process of issuing receipt notices for the cases that have been selected for processing.  USCIS has not indicated when it will complete issuing receipt notices. USCIS will also return all unselected cases along with filing fees.

USCIS will continue to accept and process petitions filed on behalf of H-1B workers who have been counted previously against the cap to:

• Extend the amount of time a current H-1B worker may remain in the US;
• 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.

H-1B applicants may subscribe to the H-1B Cap Season email updates by going to H-1B Fiscal Year (FY) 2018 Cap Season.