November 11, 2019

November 11, 2019

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November 08, 2019

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USCIS Confirms all 2018 H-1B Cap-Subject Petitions Returned

Today, USCIS announced that it has now returned all cap-subject H-1B petitions to employers or their representatives that were not selected in fiscal year 2018 following the lottery process.  Any employer that hasn’t received a receipt notice or returned H-1B petition by July 31, 2017, should contact USCIS for assistance.

The H-1B cap for fiscal year 2019 will open on April 2, 2018.  It will remain open for a mandated period of five business days.  We anticipate that demand for H-1B petitions will be very high again next year requiring USCIS to close the cap after the five-business-day period is completed.  All filed petitions will then be subject to a computer-generated random selection process shortly after the cap closes.

Employers should assess alternative visa options for any employee who wasn’t selected in this year’s H-1B cap.

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About this Author

Ian R. Macdonald, Greenberg Traurig Law Firm, Atlanta, Immigration, Labor and Employment Attorney

Ian R. Macdonald is Co-Chair of the Business Immigration & Compliance Practice and Co-Chairs the firm’s Labor & Employment Practice’s International Employment, Immigration & Workforce Strategies group. He focuses his practice on developing, assessing and managing global mobility programs for multinational companies on a range of challenges affecting the movement of people capital domestically and internationally, including secondment agreements, benefits transferability, local host country employment concerns and immigration.

Ian and...