April 24, 2017

April 24, 2017

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April 21, 2017

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USCIS Completes Count of H-1B Cap–Subject Petitions, Begins Issuing Receipts

199,000 H-1B petitions were received during the filing period.

US Citizenship and Immigration Services (USCIS) announced on April 7 that it had reached the congressionally mandated 65,000 visa H-1B cap for fiscal year 2018 (FY 2018), and had also received a sufficient number of H-1B petitions to meet the 20,000 visa cap for the US advanced degree exemption, also known as the master’s cap. 

On April 17, 2017, USCIS further announced that during the filing period, which began April 3, the total number of FY 2018 petitions it had received was 199,000, a significant reduction from previous years. The agency also announced that it had completed the two lotteries held to select which H-1 petitions will be processed. 

This year, as in past years, 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 master’s cap. USCIS will reject and return all unselected petitions with their filing fees, unless a petition is found to be a duplicate. 

The most startling aspect of the USCIS announcement is the relatively low number of H-1B petitions received this year—it is the smallest number of petitions since the FY 2015 lottery, when 172,500 cap-subject petitions were filed. The lower overall number of petitions received means that each H-1B petition will have a better chance of acceptance than in years past (236,000 petitions were received for FY 2017 and 233,000 petitions were received for FY 2016). 

As announced on March 3, 2017, USCIS has temporarily suspended premium processing of all H-1B petitions, including those falling under the FY 2018 count. This suspension may last up to six months. We understand that USCIS has begun issuing receipts for those H-1B petitions selected in the lotteries, and that some petitioners have received receipts via regular mail. We anticipate receiving receipts for FY 2018 petitions over the course of the next few weeks.

Copyright © 2017 by Morgan, Lewis & Bockius LLP. All Rights Reserved.

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Partner

A. James Vázquez-Azpiri is a partner in Morgan Lewis's Labor and Employment Practice. Mr. Vázquez-Azpiri focuses his practice on business immigration law, assisting corporate clients with hiring and retaining foreign employees with regard to labor certifications, specialty occupation petitions and intra-company transfers. Mr. Vázquez-Azpiri is also a leading expert on immigration law compliance in the context of mergers, acquisitions and corporate restructuring. Mr. Vázquez-Azpiri helps clients think and work proactively by providing them with traditional compliance...

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