infoFor the first time since 2008, U.S. Citizenship and Immigration Services (USCIS) has reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period.

USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption. Specifically, USCIS received approximately 124,000 H-1B petitions during the filing period between April 1 and April 5, 2013, including petitions filed for the advanced degree exemption.

On April 7, 2013, USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the advanced degree exemption 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.

As a result, USCIS will be starting to send back those unselected quota subject H-1B petitions to the petitioners soon. If you have any questions about this posting or H-1B filing or to explore your alternative options in case your petition was not selected, you can email us your questions directly to: This email address is being protected from spambots. You need JavaScript enabled to view it. and our experienced immigration attorneys are standing by to respond to your inquiries personally and promptly, usually within 24 hours, if not sooner.

Yu, South & Associates, Where YOU Matter Most.