On April 8, 2013, U.S. Citizenship & Immigration Services (CIS) announced that the CIS had conducted the FY-2014 H-1B “lottery” on April 7th, after having received approximately 124,000 new H-1B petitions during the week of April 1st through April 5th.

U.S. CIS has confirmed that a lottery was first applied to Master’s cap petitions in order to select the 20,000 cap-exempt petitions filed on behalf of individuals who hold a Master’s or higher degree from a U.S. institution of higher education. Those Master’s cap cases that were not selected in the initial Master’s cap lottery were then entered into the lottery for selection of petitions under the Regular H-1B cap.

U.S. CIS will notify petitioners soon, by either return of a rejected H-1B petition along with applicable filing fee checks, or by issuance of a Form I-797 Notice of Action/Receipt Notice acknowledging receipt and payment of applicable fees for the petition. Some petitioners requesting “premium processing” of an H-1B petition have already received notification of receipt and allocation of an H-1B number; however, petitioners who have not yet received notice of receipt for a “premium processing” case should not yet assume that the petition was not selected in the lottery.

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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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