H1B Cap Season — USCIS Now Accepting Petitions

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It is the equivalent of the NCAA March Madness for H-1B petitioners and beneficiaries. The fiscal year (FY) 2020 H-1B cap season is officially in full swing.

Today, April 1st, is the first day U.S. Citizenship and Immigration Services (USCIS) is accepting H-1B petitions subject to the FY 2020 cap on April 1, 2019. Once an H-1B petition subject to the cap is filed, it must be selected by USCIS under a random lottery. This is because there is greater demand than there are visa numbers, so initial selection is done on the basis of a random lottery. If one’s H-1B petition is selected, it will then be adjudicated on the merits.  The earliest date employment can begin is October 1, 2020.

There are changes to H-1B program, including (i) the order in which visas will be issued (i.e., graduates with advanced degrees from U.S. institutions of higher education will be selected first, over those with bachelor’s degrees); (ii) premium processing will be offered in a two-phased approach; and (iii) there is a new H-1B Employer Data Hub (click here) where one can see who is requesting H-1B visas for professional workers. Click here for more information about the H-1B FY 2020 Cap Season.

For next year’s program, there will be a registration system in place. Click here to read more about the electronic registration program for fiscal year 2021.

 

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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