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USCIS Reaches FY 2018 H-1B Cap

United States Citizenship and Immigration Services (USCIS) announced today that the annual H-1B quota for both the regular 65,000 visa petition bachelor’s degree cap and the 20,000 visa petition U.S. master’s degree cap has been met for Fiscal Year (FY) 2018. The exact number of petitions received has yet to be announced but will likely be shared in the coming weeks once all of the petitions are counted. Likewise, due to the high number of petitions received, USCIS has not yet confirmed when it will complete its computerized random selection, or “lottery,” of H-1B petitions for further processing.

As a reminder, under the lottery, USCIS will first randomly select H-1B petitions for the 20,000 visas eligible under the U.S. master’s cap. All unselected master’s degree petitions will then become part of the random selection process for the 65,000 visas subject to the general quota. USCIS will return all unselected cap-subject H-1B petitions, including the filing fee checks, after the random selection process has been run. As this selection process takes time for USCIS to fully complete, unselected cases may not be returned for several months.

Please note that, as of April 3, 2017, USCIS temporarily suspended premium processing on all H-1B petitions, both cap and non-cap cases. Thus, all cases selected under the lottery will be processed under the regular processing timeline.

© 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume VII, Number 97
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About this Author

Amy Dalal, Ogletree Deakins Law Firm, Immigration Attorney
Shareholder

Amy Dalal’s practice is primarily concentrated in the areas of business visas and employment-based immigration. She assists employers in obtaining nonimmigrant and immigrant visas for their foreign national employees, including the filing of immigrant visa applications for multinational executives and managers and labor certification filings through the PERM system.  Amy helps multinational corporations with the transfer of personnel from abroad into the United States on temporary work visas.  She also assists companies in preparing for Department of Labor audits, I-9...

919-789-3185
Andrew Drozdowski, Ogletree Deakins Law Firm, Immigration and Sports Attorney
Associate

Andrew Drozdowski graduated from Boston College (B.A. in Communication) in 2000 and Albany Law School (J.D.) in 2010. Andrew joined Ogletree Deakins in 2013 after working at a boutique immigration firm located in New Jersey and New York City. He is admitted to practice in New Jersey, New York and in the federal District of New Jersey. Andrew is a member of the American Immigration Lawyers Association (AILA) and the New York State Bar Association.

Andrew regularly counsels and advises U.S. and multinational companies on business immigration...

919-789-3120