Lottery Completed – 172,000 H-1B Petitions Received

08:04 02 October in News Updates

SCIS Announces 172,000 Cap Subject H-1B Petitions were received in the first week filing was permitted.  Lottery Completed.
Cases selected in the lottery:  LAC will forward the receipt notice for any petitions selected in the lottery to the employee (via the employer) as soon as it is received.

Cases not selected in the lottery:  H-1B petitions that are not selected in the lottery will be returned 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.

Timeline for lottery notifications:  USCIS has not provided a timeline yet for lottery notifications.  Last year, receipt notices and rejected petitions went out from mid-April through June; that is, the notification process was not complete until June.

USCIS issued the following Press Release Today

Release Date: April 10, 2014

WASHINGTON-U.S. Citizenship and Immigration Services (USCIS) announced on April 7 that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2015. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption.

USCIS received about 172,500 H-1B petitions during the filing period which began April 1, including petitions filed for the advanced degree exemption. On April 10, 2014, USCIS completed a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and 20,000 cap under the advanced degree exemption. For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing.

The agency conducted the selection process for the advanced degree exemption first. All advanced degree petitions not selected then became part of the random selection process for the 65,000 limit.
On March 25, USCIS announced that they would begin premium processing for H-1B cap cases no later than April 28.  For more information on premium processing for FY 2015 cap-subject petitions, see the related USCIS Alert.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted towards the congressionally mandated FY 2015 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.

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