FY2014 H-1B Cap Hit - Selection Process Completed

On April 5, 2013, US Citizenship & Immigration Services (USCIS) announced that it had received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year 2014 (i.e., October 1, 2013 through September 30, 2014).

USCIS has stated that April 5, 2013 is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2014.

USCIS announced on April 8, 2013 that it had completed the computer-generated random selection process ("lottery"). USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking employment start dates in FY 2014 that arrive after April 5th.

After the computer-generated random selection process is completed, all remaining cap-subject petitions not randomly selected will be returned with the accompanying fees. Those selected will receive receipt notices acknowleding the Service's acceptance of the petition. (Note that acceptance of a case for processing does not automatically mean approval of a case. That decision will come later.)

Unless Congress takes action to increase the quota of visas available, petitioners filing H-1B cap-subject petitions may refile for the upcoming fiscal year starting on April 1, 2014. However, the earliest that a beneficiary may begin working on an approved petition filed under the FY2014 allocation is October 1, 2014.

USCIS will also continue to process cases that are not subject to the cap, such as a petition for an H-1B worker requesting a change of employer or an extension of status or for employers who are not cap-subject (such as institutions of higher education or certain nonprofit research organizations).

For a copy of USCIS' announcement, click here.

Categories: Immigration Blog