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 the H-1B Cap Random Selection Process for FY 2019

USCIS has announced that it received 190,098 H-1B petitions during the filing period for FY2019, which began on April 2, 2018, including petitions filed for the advanced degree exemption.  This year’s number of petitions is lower than the 199,000 H-1B petitions filed in FY2018.  Per the regulations, on April 11, USCIS conducted its random lottery for H-1B cap-subject petitions that would be selected for processing.  USCIS will begin processing 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 will reject and return all unselected petitions with their filing fees unless the petition is a prohibited multiple filing. USCIS will release an announcement once all the H-1B petitions have been returned.

Employers may wish to assess alternative options while waiting to see whether a particular H-1B case was accepted or rejected for processing by USCIS. 

©2023 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume VIII, Number 103
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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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