On April 5, 2013, U.S. Citizenship & Immigration Services (CIS) announced that the CIS had received enough H-1B petitions to exhaust the H-1B quota (including the 20,000 for U.S. advance degree holders) for Fiscal Year 2014 (October 1, 2013, through September 30, 2014). No new cap-subject H-1B petitions may be filed until next year beginning on April 1, 2014, with a requested H-1B employment start date of October 1, 2014.

Cap-subject H-1B petitions received after April 5, 2013, will be rejected and returned with the CIS filing fees. The CIS will apply a random selection process, or “lottery”, to those petitions received between April 1st and April 5th, inclusive, in order to determine which petitions will be allocated an H-1B number. A “lottery” will be applied first to the Master’s Cap cases. Cases not awarded a Master’s cap exemption from the H-1B quota will then be entered into the “lottery” for an H-1B number under the regular H-1B cap.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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