H-1B Cap Reached: Lottery Required for First Time Since 2008

H-1B Cap Reached: Lottery Required for First Time Since 2008
April 5, 2013

U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2014. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption. After today, USCIS will not accept H-1B petitions subject to the FY 2014 cap or the advanced degree exemption.


Immigration Law Group has verified that all cap-subject H-1B cases it filed this week via FedEx has been delivered to USCIS.


USCIS will be using a computer-generated random selection process (commonly known as the “lottery”) for all FY 2014 cap-subject petitions received through April 5, 2013. The agency will conduct the selection process for advanced degree exemption petitions first. All advanced degree petitions not selected will be part of the random selection process for the 65,000 limit.


At this time, USCIS is unable to determine the date of the random selection process or the number of petitions received.  USCIS will provide more detailed information next week.


Today’s announcement is consistent with our March 18th Advisory, which followed our January 24th Advisory.


Note: the H-1B cap does not affect H-1B extensions, transfers and amendments.  Only H-1Bs for beneficiaries who have not received an H-1B approval previously are subject to the cap.