USCIS Conducts H-1B Cap Lottery Today

USCIS announced today that it has completed the H-1B Cap random selection processes for both the H-1B Master's Cap and the general H-1B Cap. USCIS first conducted a random selection process to determine which of the eligible Master's Cap cases would be processed pursuant to the 20,000 exemption for H-1B petitions filed on behalf of beneficiaries who possess a U.S. Master's degree or higher. Those not selected in the Master's Cap lottery were then entered into the pool with the general H-1B Cap petitions, and a second random selection process was conducted to select those cases that would be processed under the general H-1B Cap.

USCIS has indicated that H-1B petitions selected for full processing should receive a formal receipt notice no later than June 2, 2008. USCIS also indicated that the total processing time for selected petitions should be approximately 8-10 weeks, although H-1B petitions filed under the premium processing program will be adjudicated within a 15-day period beginning today (April 14). H-1B petitions not selected by USCIS for processing will be returned to the employer and/or attorney with the filing fees.

Finally, USCIS has stated that it has "wait-listed" an unspecified number of H-1B petitions that could be granted an H-1B Cap number if a previously-selected H-1B petition is later denied, withdrawn, or otherwise found to be ineligible. USCIS indicated that it would send a letter to "wait-listed" petitioners to inform them of their "wait-list" status, and that they expected they would either issue a receipt notice for the petition, or reject it and return of filing fees, within 6-8 weeks.