USCIS Reaches FY 2019 H-1B Cap

06. Apr. 2018

USCIS has received enough H-1B cap-subject cases to reached the 65,000 limit for fiscal year 2019 as well as the 20,000 limit reserved for beneficiaries that hold a U.S. advanced degree.

It is unknown how many H-1B cap-subject petitions were received by USCIS, but all H-1B cap-subject petitions received through April 6th will undergo a random selection process (known as the H-1B “lottery”) to determine which cases are processed and which will be returned.  Last year, the random selection process was completed on April 11th, after which USCIS began the process of issuing receipt notices for the cases that were selected, as well as returning all unselected petitions with their filing fees.

The process of issuing receipt notices and returning petitions may not be done until sometime during the summer. ILG will continue to provide updates on this issue as information becomes available.

In the meantime, USCIS will continue to accept and process petitions that are exempt from the cap:

  • 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.