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
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:
- Extend the amount of time a current
H-1B worker may remain in the United States;
- Change the terms of employment for
current H-1B workers;
- Allow current H-1B workers to change
- 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.