On April 11, 2018, USCIS announced that it had used a

computer-generated random process to select enough H-1B petitions

to meet the congressionally mandated cap and the U.S. advanced

degree exemption, known as the master's cap, for fiscal year

(FY) 2019.

USCIS said it received 190,098 H-1B petitions during the filing

period, which began April 2, including petitions filed for the

advanced degree exemption. USCIS announced on April 6 that it had

received enough H-1B petitions to reach the statutory cap of 65,000

and the master's cap of 20,000. USCIS will reject and return

all unselected petitions with their filing fees unless the petition

is a prohibited multiple filing.

USCIS conducted the selection process for the master's cap

first. All unselected master's cap petitions then became part

of the random selection process for the 65,000 cap, USCIS said.

The agency said it will continue to accept and process petitions

that are otherwise exempt from the cap. Petitions filed for current

H-1B workers who have been counted previously against the cap, and

who still retain their cap number, also will not be counted toward

the FY 2019 H-1B cap. USCIS will continue to accept and process

petitions filed to:

  1. Extend the amount of time a current

    H-1B worker may remain in the United States;

  2. Change the terms of employment for

    current H-1B workers;

  3. Allow current H-1B workers to change

    employers; and

  4. Allow current H-1B workers to work

    concurrently in a second H-1B position.

The announcement is HERE.

The content of this article is intended to provide a general

guide to the subject matter. Specialist advice should be sought

about your specific circumstances.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top