For the first time since 2008, the 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.

As background, U.S. companies use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields including, but not limited to: scientists, engineers, or computer programmers.

USCIS received approximately 124,000 H-1B petitions during the filing period, 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 regular 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.

The agency conducted the selection process for advanced degree exemption petitions first.  All advanced degree petitions not selected were then made part of the random selection process for the 65,000 limit.

As previously announced on March 15, 2013, USCIS will begin premium processing for H-1B cap cases on April 15, 2013 to facilitate the prioritized data entry of cap-subject petitions requesting premium processing.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted towards the FY 2014 H-1B cap. Accordingly, USCIS will continue to accept and process the following:

• – Petitions to extend the amount of time a worker currently in H-1B visa status may remain in the U.S.
• – H-1B amendments
• – Petitions requesting permission for a current H-1B worker to change employers
• – Petitions requesting permission for a current H-1B worker to work in a second concurrent H-1B position

For information on alternatives to the H-1B visa, please contact our office at info@ornerobrien.com.