H-1B Cap and Lottery Update

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USCIS has announced that it has completed all data entry of FY2019 H-1B cap-subject petitions selected in the computer-generated "lottery" process. The data entry process includes the receipt of petitions selected in the lottery.

USCIS will now begin the process of returning the cap-subject petitions not selected in the lottery. Due to the high volume of filings, the Service is unable to provide a definite timeframe for the return of unselected petitions. The Service received over 190,000 H-1B petitions during the filing period, which began on April 2, 2018.

Additionally, USCIS announced that it may transfer some cap-subject petitions between the Vermont Service Center and the California Service Center to balance their workloads. They will send notifications by mail if a case has been transferred.

As a reminder, the Service also recently suspended premium processing service for all cap-subject H-1B petitions. This means that any petition subject to this year's H-1B cap is not eligible for this expedited 15-day processing.

 

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. Attorney Advertising.

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