H-1B Cap Update: USCIS Data Entry Completed

14:52 04 May in News Updates

USCIS Completes Data Entry of Fiscal Year 2016 H-1B Cap-Subject Petitions

USCIS issued the following Press Release Today:

Release date: 5/4/2015

USCIS announced May 4, 2015, that it has completed data entry of all fiscal year 2016 H-1B cap-subject petitions selected in our computer-generated random process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, the time frame for returning these petitions is uncertain. USCIS asks petitioners to not inquire about the status of submitted cap-subject petitions until they receive a receipt notice or an unselected petition is returned. USCIS will issue an announcement once all the petitions have been returned.

Cases selected in the lottery: LAC will notify the employer and employee when a Receipt Notice is issued for a specific case. We will forward the receipt notice for any petitions selected in the lottery to the employee (via the employer) within one business day of receipt.

Cases not selected in the lottery: USCIS will return H-1B petitions that are not selected in the lottery to counsel with the government filing fees. We will notify impacted clients upon receipt of the returned petitions, and promptly refund the USCIS filing fees to the employer.

LAC understands that waiting for news on lottery selection causes a great deal of anxiety for foreign national employees, and is also very frustrating for employers trying to plan staffing, workload and resources.

To address the most common questions:

Q: If I haven’t heard that a receipt notice has been issued for my petition yet, does that mean my case has not been selected in the lottery?

A: Given that the data entry of cases selected in the lottery has just been completed, it is very possible that we will continue to receive receipt notices for selected cases for the next couple weeks. We cannot be sure that a case was NOT selected unless/ until we receive the returned petition from USCIS. USCIS will issue another press release when it has returned all petitions.

Q: What are the alternatives for remaining lawfully in the U.S. and obtaining work authorization if a case is not selected in the lottery?

A: The answer in every case may be different. Your LAC attorney will be available to review each case and advise of options for those not selected in the lottery.

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