April 23, 2019

April 22, 2019

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FY 2019 H-1B Cap: USCIS Completes Random Selection Process

On April 11, 2018, U.S. Citizenship and Immigration Services (USCIS) announced the completion of its “computer-generated” random selection process used to select H-1B petitions for the congressionally-mandated cap filing season for fiscal year (FY) 2019. USCIS previously announced on April 6, 2018, that it had reached the statutory cap of 65,000 H-1B petitions and the master’s cap of 20,000 petitions.

USCIS received a total of 190,098 H-1B petitions during this year’s filing period, which began on April 2, 2018. USCIS will now begin the process of rejecting and returning all unselected petitions with their filing fees.

Employers may continue to file other H-1B petitions on behalf of workers that are exempt from the H-1B cap, including the following:

  • Change of employer petitions allowing H-1B workers who have been counted previously against the cap to change employers;
  • Petitions extending the time of current H-1B workers so they may stay in the United States; and
  • Amended petitions to change the terms of approved employment for current H-1B workers.
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About this Author

Rebecca Sigmund, Ogletree Deakins Law Firm, Greenville, Immigration Law Attorney

Rebecca Sigmund advises companies on immigration alternatives for prospective employees as well as matters relating to employment eligibility of workers.  Her practice largely involves securing appropriate temporary working visas and permanent residency for executives, managers, investors, technical personnel and other professionals to authorize their employment in the United States.

Ann Louise Brown, Ogletree Deakins, Business attorney, Family based immigration lawyer

Ann Louise is from Spartanburg, South Carolina. She attended College of Charleston for her undergraduate studies where she studied History and Spanish.  During her senior year at College of Charleston, she studied abroad in Santiago, Chile. This is where she learned to speak Spanish. Ann Louise graduated with a Bachelor of Arts in History and a minor in Spanish.  Following graduation, she attended the University Of Alabama School Of Law for law school.  In law school she was a member of Alabama Law Review, President of the International Law Student Association, and a Board Member of the Public Interest Institute. Upon graduation in 2013, she received the Order of the Samaritan for community service. During the summer of 2012, she was a volunteer law clerk at the Charlotte Immigration Court. Her experience at the court is where she developed her interest and knowledge of immigration law.  Following graduation from law school,