Contributed by Kim Tremblay, Associate Attorney
As expected, the United States Customs and Immigration Services (USCIS) announced today that it had reached the 65,000 visa cap on H-1B petitions for the upcoming fiscal year. The 20,000 visa cap for the advanced degree exemption for applicants with a United States Master’s degree or higher was also reached.
USCIS will finish the intake of the petitions it has received thus far and will then conduct a lottery to determine which petitions the agency will accept and review. The petitions that are accepted will still need to satisfy the legal requirements for H-1B petitions. USCIS will first conduct the lottery for the advanced degree exemption petitions and then include the petitions that were not selected in the general lottery for the 65,000 regular H-1B petitions.
USCIS will return petitions that the agency does not select in the lottery, along with their filing fees. No date has been set for the lottery. Petitions that are cap-exempt can still be filed.
For more information, see:
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