Perspective: Kirton McConkie Law Blog

H-1B visa cap update

On April 13, 2015, U.S. Citizenship and Immigration Services (USCIS) announced it received approximately 233,000 H-1B petitions during the filing period between April 1st and April 7th, including petitions filed for the advanced degree exemption. The USCIS used a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and the 20,000 advanced degree exemption cap. USCIS will reject and return all unselected petitions with their filing fees, unless the petition is found to be a duplicate filing.

USCIS conducted the selection process for the advanced degree exemption first. All unselected advanced degree petitions then became part of the random selection process for the 65,000 limit.

USCIS most likely will take several weeks to issue receipt notices for cases accepted for processing and to return those cases and government filing fees that were not selected under the lottery.

For options in addition to H-1B visas for employees, please seek the advice of a qualified immigration attorney.