USCIS Completes Data Entry of Fiscal Year 2020 H-1B Cap-Subject Petitions

19:34 17 May in News Updates

USCIS issued the following Press Release:

May 17, 2019-  USCIS has completed data entry for all fiscal year 2020 H-1B cap-subject petitions selected in our computer-generated random selection process, including those selected under the U.S. advanced degree exemption. As in previous years, we will now begin returning all H-1B cap-subject petitions that we did not select and will issue an announcement once we are done notifying petitioners. Due to the volume of filings, we cannot provide a definite time frame for returning unselected petitions. We ask petitioners to wait to inquire about the status of their cap-subject petitions until they receive a receipt notice or an unselected petition that we have returned.

Additionally, we may transfer some Form I-129 H-1B cap-subject petitions between the Vermont Service Center and the California Service Center to balance the workload and enhance efficiencies. If we transfer your case, you will receive notification in the mail. After receiving the notification, please send all future correspondence to the center processing your petition.

What this means:

Cases selected in the lottery:

A receipt notice is evidence of selection in the lottery.  We anticipate continuing to receive the last of the receipt notices over the next week and will notify the employee and the employer soon as we have any news.

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 promptly notify impacted individuals upon receipt of the returned petitions, and refund the USCIS filing fees to the employer.

Adjudication Process

Petitions selected in the lottery will be reviewed by an officer.  If a decision to approve or deny a petition cannot be made based on the evidence initially provided, a Request for Evidence (RFE) will be issued.  Under the current administration there has been a significant increase in the issuance of RFEs. We will notify the employer as soon as we receive any further news, including whether an RFE has been issued.

Premium Processing

For cap-subject petitions that requested premium processing at the time of filing, USCIS previously announced it would begin the 15-day premium processing clock for these petitions no later than May 20, 2019.  USCIS will notify the public before premium processing begins for these petitions.

For all other cap-subject petitions, USCIS will notify the public when it is permissible to file premium processing requests for these petitions.  USCIS anticipates premium will not be available for these cases until at least June 2019.

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