The FY2015 H-1B Cap has been reached
The FY2015 H-1B Cap has been reached and a lottery will be conducted for all petitions received at USCIS from Tuesday, April 1 through Monday, April 7.
Please note that any cases received at USCIS by close of business today will be included in the lottery.
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.
USCIS issued the following Press Release Today
Release Date: April 07, 2014
WASHINGTON-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) 2015. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U. S. advanced degree exemption.
Before running a random selection process, USCIS will complete initial intake for all filings received during the filing period which ended today. Due to the high number of petitions, USCIS is not yet able to announce the date on which it will conduct the random selection process.
A computer-generated process will randomly select the number of petitions needed to meet the caps of 65,000 visas for the general category and 20,000 under the advanced degree exemption. USCIS will reject and return filing fees for all cap-subject petitions that are not selected, unless found to be a duplicate filing.
The agency will conduct the selection process for the advanced degree exemption first. All advanced degree petitions not selected will become part of the random selection process for the 65,000 limit.
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.
U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming.