August 13, 2020

Volume X, Number 226

August 12, 2020

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August 11, 2020

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August 10, 2020

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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.

©2020 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume VII, Number 200


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...