The United States Citizenship and Immigration Services (“USCIS”) has reported receiving 190,098 cap subject H-1B petitions during the first five business days of April 2018, more than twice the number mandated by Congress’ cap of 65,000 under the regular H-1B cap and 20,000 under the advanced degree cap for each fiscal year.
On April 11, USCIS completed a computer generated and random lottery to select the 20,000 advanced degree cap petitions it will process for the 2019 fiscal year. Those not selected in this lottery, were included in a second lottery conducted to select the 65,000 regular H-1B cap petitions that USCIS will process.
We expect to start receiving H-1B receipt notices for petitions selected in the lottery within the next two weeks. Once all selected H-1B petitions have been receipted, petitions not selected in the lottery will be returned to the petitioner or the attorney of record, when applicable, with the corresponding USCIS filing fees. We will notify our clients as receipt notices are received.