H-1B Cap Reached Within First Week Employers Could File for Fiscal Year 2014

USCIS announced on April 5, 2013 that it had received more than 65,000 cap subject H-1B petitions for bachelors degree holders, as well as more than 20,000 cap subject H-1B petitions for U.S. master degree holders during the first week that U.S. employers could file H-1B petitions for the fiscal year 2014.  Fiscal year 2014 begins on October 1, 2013.

The effect of this notice is twofold: First, USCIS will engage in a random selection process to choose H-1B cap subject petitions for the next fiscal year, and second, that USCIS will not accept any additional H-1B cap subject petitions received after April 5, 2013.

As of this writing, USCIS has not stated when its random selection process or “lottery” will occur.  Those H-1B petitions not chosen will be returned to the employer, inclusive of the submitted fees.  USCIS has announced that it will conduct its random selection process for H-1B for the 20,000 advanced degree exemption first.  More information about the total number of H-1B petition submitted will be forthcoming, the agency announced.

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