April 14, 2014 –
Update on H-1B cap random selection process

U.S. Citizenship and Immigration Services (“USCIS”) announced on April 10, 2014, via a press release on its website, that it had received approximately 172,500 H-1B cap petitions during the filing period which began on April 1, 2014, including H-1B petitions filed on behalf of persons exempt from the regular cap under the advanced degree exemption.

On April 10, 2014, USCIS completed its computer generated random selection process, first to select the 20,000 advanced degree exemption petitions and subsequently to select 65,000 petitions from among the remaining advanced degree exemption petitions not initially selected and the regular H-1B cap petitions. USCIS will reject and return all remaining H-1B cap petitions not randomly selected and the accompanying filing fees, unless the filing is duplicative.

USCIS will begin processing selected H-1B cap petitions submitted via its premium processing service no later than April 28, 2014.

H-1B petitions that are not subject to either the regular or the advance degree caps will continue to be received by USCIS. These include:

• Requests for extensions of stay for current H-1B workers;
• Amendments to H-1B petitions requesting a change in the terms of employment for current H-1B workers; and
• Change of employer petitions for individuals already in H-1B status.

In addition, petitions for new H-1B employment are not subject to the annual quota if the foreign professional will be employed at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or a governmental research organization.

For more information click here.

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