H-1B Visa Cap Reached

04.20.2013
HR & Safety

USCIS has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year (FY) 2014, the first time in 5 years that the cap for general industry was reached so quickly. The agency also received more than 20,000 H-1B petitions to meet the separate cap for individuals with an advanced degree.

Approximately 124,000 H-1B petitions were submitted overall during the 5-day period between April 1 and April 5. USCIS followed with a computer-generated random selection process (commonly known as a “lottery”) for all FY 2014 cap-subject petitions. The lottery was held first for the 20,000 advanced degree visas, and then for the 65,000 limit. For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing.

USCIS will continue to accept and process all H-1B petitions that are not subject to the annual caps, including: extending a current H-1B worker’s status; changing the terms of employment for current H-1B workers; allowing current H-1B workers to change employers; and allowing current H-1B workers to work concurrently in a second H-1B position.

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