February 5, 2023

Volume XIII, Number 36

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February 03, 2023

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February 02, 2023

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USCIS Completes H-1B Cap Random Selection Process for FY 2017

USCIS has announced that it received over 236,000 H-1B petitions during the filing period for FY2017, which began on April 1, 2016, including petitions filed for the advanced degree exemption.  Earlier we anticipated that the numbers would be even higher for FY2017 than the 233,000 H-1B petitions filed in the 2016 cap.  While the increased number of filings indicates the US economy is improving, it also confirms there will be high casualties as in prior years. Per the regulations, USCIS conducted its random lottery for H-1B cap-subject petitions that would be selected for processing on April 9, 2016.  USCIS will begin premium processing for H-1B cap cases now.  Employers with cap-subject petitions that were selected for adjudication will receive in the near future the H-1B receipt notice on Form I-797C.  USCIS also will begin returning all H-1B cap-subject petitions that were not selected in the lottery.  USCIS will release an announcement once all the petitions have been returned.

We recommend employers assess alternative options while waiting to see whether a particular case was accepted/rejected for processing by USCIS.  GT will keep you updated as to any developments that arise.

©2023 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume VI, Number 104
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About this Author

Kristen Burke, Greenberg Traurig Law Firm, Houston, Immigration Law Attorney
Of Counsel

Kristen T. Burke focuses her practice on corporate immigration matters, including visa petitions, I-9 compliance, and applications for submission to various U.S. governmental agencies such as U.S. Citizenship and Immigration Services and U.S. Department of Labor. She represents multinational corporations (particularly in the energy, technology and banking sectors), transferring employees to the United States and companies hiring foreign nationals to work in the United States. Kristen advises clients on regulations for foreign nationals working offshore in the Outer...

713-374-3500
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