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of H-1B petitions that could be granted an H-1B Cap number if a previously-selected H-1B petition is later denied, withdrawn, or otherwise found to be ineligible.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.
Monday, April 14, 2008
Thursday, April 10, 2008
H-1B Cap Reached
USCIS has announced that they received enough H-1B petitions during the April 1 to April 7 filing period to exhaust both the general H-1B Cap and the special 20,000 Masters Cap for H-1B petitions filed on behalf of candidates with a U.S. Masters degree or higher. It was widely expected this would the case for the general H-1B Cap, while it was not entirely clear if the Masters Cap would also be met during the initial filing period. This announcement means that any new H-1B petitions filed after April 7 will not be accepted.
To view the USCIS announcment regarding the H-1B Cap being reached, click here.
USCIS subsequently announced that during the initial filing period it received an estimated 163,000 H-1B petitions, including more than 31,200 for the Masters Cap. If this figure is accurate, it is significantly lower than most projections, some of which predicted the total number of filings could reach 200,000 to 300,000, and the selection odds should only be slightly lower than last year when about 120,000 petitions were received.
USCIS has stated that it expects to conduct the random lottery process next week to determine which H-1B petitions will be processed. USCIS will first conduct a random lottery to determine which of the 31,200 Masters Cap petitions will be selected for processing under the 20,000 Masters Cap. The 11,200 H-1B petitions not selected will then be entered into a second random lottery with the approximately 131,800 remaining general H-1B Cap petitions to determine which 56,200 will be processed under the general H-1B Cap.
To view the USCIS announcment regarding the number of H-1B Cap petitions received, click here.
Once USCIS completes the random lotteries, it will issue receipt notices for those petitions selected. The petitions not selected will be rejected and returned with the filing fees.
As Ellis Porter learns of any new H-1B Cap information, we will pass it along to you.
To view the USCIS announcment regarding the H-1B Cap being reached, click here.
USCIS subsequently announced that during the initial filing period it received an estimated 163,000 H-1B petitions, including more than 31,200 for the Masters Cap. If this figure is accurate, it is significantly lower than most projections, some of which predicted the total number of filings could reach 200,000 to 300,000, and the selection odds should only be slightly lower than last year when about 120,000 petitions were received.
USCIS has stated that it expects to conduct the random lottery process next week to determine which H-1B petitions will be processed. USCIS will first conduct a random lottery to determine which of the 31,200 Masters Cap petitions will be selected for processing under the 20,000 Masters Cap. The 11,200 H-1B petitions not selected will then be entered into a second random lottery with the approximately 131,800 remaining general H-1B Cap petitions to determine which 56,200 will be processed under the general H-1B Cap.
To view the USCIS announcment regarding the number of H-1B Cap petitions received, click here.
Once USCIS completes the random lotteries, it will issue receipt notices for those petitions selected. The petitions not selected will be rejected and returned with the filing fees.
As Ellis Porter learns of any new H-1B Cap information, we will pass it along to you.
Thursday, April 3, 2008
OPT Extension Regulation Proposed
Immigration and Customs Enforcement ("ICE") has started the process to implement a new regulation that would benefit F-1 students. Upon graduation, most F-1 students are eligible for 12 months of employment authorization called Optional Practical Training (OPT). The idea behind OPT is that it provides the F-1 student with the opportunity to apply knowledge gained from their program of study to a more practical work experience with an employer.
The proposed new regulation, entitled "Extending Period for Optional Practical Training for 17 Months for Qualified F-1 Students," would extend an F-1 student's period of OPT eligibility from 12 to 29 months. This change would benefit F-1 students in two important ways:
(1) it would eliminate the "cap gap" problem for students who were ineligible to request an in-country change of status along with the H-1B cap petition because their OPT expired in the summer months. To be eligible for an in-country change of status, F-1 students have to show that they have OPT valid from the time their H-1B Cap petition is filed on April 1 until no more than 60 days before October 1 (F-1 students remain in status for 60 days following the expiration of their OPT).
(2) it would also allow F-1 students a second chance to enter an H-1B Cap lottery in a subsequent year if their H-1B petition was not selected the first time.
It has been suggested that if passed, this regulation would only apply to F-1 students studying in particular fields. However, the exact text of the regulation is not yet known.
Please note this is a proposed regulation. It could take up to 90 days for the regulation process to be finalized, and this regulation could ultimately be approved, revised, or rejected. We will keep you posted.
The proposed new regulation, entitled "Extending Period for Optional Practical Training for 17 Months for Qualified F-1 Students," would extend an F-1 student's period of OPT eligibility from 12 to 29 months. This change would benefit F-1 students in two important ways:
(1) it would eliminate the "cap gap" problem for students who were ineligible to request an in-country change of status along with the H-1B cap petition because their OPT expired in the summer months. To be eligible for an in-country change of status, F-1 students have to show that they have OPT valid from the time their H-1B Cap petition is filed on April 1 until no more than 60 days before October 1 (F-1 students remain in status for 60 days following the expiration of their OPT).
(2) it would also allow F-1 students a second chance to enter an H-1B Cap lottery in a subsequent year if their H-1B petition was not selected the first time.
It has been suggested that if passed, this regulation would only apply to F-1 students studying in particular fields. However, the exact text of the regulation is not yet known.
Please note this is a proposed regulation. It could take up to 90 days for the regulation process to be finalized, and this regulation could ultimately be approved, revised, or rejected. We will keep you posted.
Tuesday, April 1, 2008
April 1 is Here
Well, the date we've been pointing to for a long time, April 1, 2008, is finally here. Tens of thousands of H-1B Cap petitions from around the country will arrive at USCIS' doorstep today and throughout the next several days. With H-1B petitions arriving by the truckload, I'm sure it's quite a sight to behold. Just remember, pursuant to the USCIS' latest guidance on mailing procedures, don't attempt to hand-deliver your H-1B petition or send it via taxi cab (I'm not making this up, apparently this has been attempted!).
Keep in mind that under the new H-1B Cap regulations, USCIS will continue to accept H-1B Cap cases for the first five business days of April, meaning that H-1B cap cases received through Monday, April 7 will all be treated equally for H-1B Cap counting purposes.
With respect to the selection lottery logistics, it could take up to several weeks before the results are known and receipt notices are issued to those petitions selected. If last year is any guide, other unexpected processing issues will surely arise.
Finally, don't forget that although USCIS will accept requests for premium processing for H-1B Cap cases, the 15-day premium processing timeline will be suspended until after USCIS completes its initial case intake and performs the cap selection lottery. USCIS is expected to restart the premium processing clock once the lottery process has been completed.
As we have been doing for the past several weeks, we will be sure to keep you updated on all the latest H-1B Cap news as it happens.
Keep in mind that under the new H-1B Cap regulations, USCIS will continue to accept H-1B Cap cases for the first five business days of April, meaning that H-1B cap cases received through Monday, April 7 will all be treated equally for H-1B Cap counting purposes.
With respect to the selection lottery logistics, it could take up to several weeks before the results are known and receipt notices are issued to those petitions selected. If last year is any guide, other unexpected processing issues will surely arise.
Finally, don't forget that although USCIS will accept requests for premium processing for H-1B Cap cases, the 15-day premium processing timeline will be suspended until after USCIS completes its initial case intake and performs the cap selection lottery. USCIS is expected to restart the premium processing clock once the lottery process has been completed.
As we have been doing for the past several weeks, we will be sure to keep you updated on all the latest H-1B Cap news as it happens.
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