News

Immigration Alert: FY2018 H-1B Cap Random Selection Process Complete

On April 17, 2017, United States Citizenship and Immigration Services (USCIS) announced that it completed the computer-generated random lottery selection process for cap-subject H-1B petitions filed for Fiscal Year (FY) 2018 (October 1, 2017 to September 30, 2018).

The H-1B Cap Lottery Process
USCIS received 199,000 new H-1B petitions for FY2018, exceeding the 65,000 visas allocated under the regular statutory cap for Bachelor’s degree holders and the additional 20,000 visas available under the advanced-degree exemption for U.S. Master’s degree holders. Last year, USCIS received over 236,000 H-1B petitions during the FY2017 H-1B cap filing period. USCIS conducted the lottery selection process for H-1B visa petitions submitted seeking the advanced-degree exemption (U.S. Master’s Cap) first. All unselected U.S. Master’s Cap petitions were then included in the second lottery selection process conducted for petitions filed under the regular Bachelor’s degree statutory cap.

What Employers Can Expect
As previously announced, USCIS has suspended premium processing for all H-1B petitions, including cap-subject petitions. All selected petitions will be processed under the regular processing timeline and petitioners may not receive notice of selection for several more weeks. Any petitions that are not selected under the FY2018 cap will be rejected and returned by USCIS with the filing fees.

Gibney will work with any impacted clients to explore alternatives and options for employees who have not been able to obtain an H-1B visa number under the FY2018 cap.

Cap-Exempt Petitions
As a reminder, USCIS will continue to accept and process H-1B petitions that are cap-exempt. These include filings for extensions, amended petitions, changes of employer, concurrent employment for existing H-1B workers, and petitions filed by organizations that are cap-exempt. At this time, premium processing also remains suspended for H-1B petitions that are cap-exempt.

If you have any questions regarding this alert, please contact your designated Gibney representative, or email immigrationalerts@gibney.com.