United States:
H-1B Cap Reached: FY 2020 H-1B Cap Surges With Over 200,000 Petitions Received
01 May 2019
Proskauer Rose LLP
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USCIS reported yesterday it had received 201,011 H-1B cap
petitions in the first five (5) days of April and that the
random selection process for FY 2020 H-1B Cap had been completed on
April 11, 2019. The total petitions received this year went up from
the prior two years, halting the downward trend. Receipts for the
H-1B cases selected in the lottery are already trickling in.
See the chart below:
FY |
TOTAL |
FY 2020 |
201,011 |
FY 2019 |
190,098 |
FY 2018 |
199,000 |
FY 2017 |
236,000 |
FY 2016 |
233,000 |
FY 2015 |
172,000 |
FY 2014 |
124,000 |
Lotteries:
Per the recent regulation, USCIS switched the order that Regular
Cap and US Master's Cap lotteries are run. This year, USCIS
first ran the general lottery for 65,000 H-1B Cap visas, which now
also includes the U.S. Master's degree applicant. Upon
completion, USCIS determined that it received more than the
allotted 20,000 U.S. Master's petitions and completed that
lottery as well. Changing the order of the lotteries is intended to
increase the number of individuals with U.S. Master's degrees
selected and implement the Executive Order, "Buy American,
Hire American."
Next Steps:
As indicated, filing receipts have begun to come in and will
continue to for the next several weeks. The first receipts to
arrive are for cases that are being Premium Processed, since those
receipts are emailed. However, USCIS does not expect to begin
adjudicating these cases until May 20, 2019.
Any case that is not selected in the lottery will be returned.
Usually, the process of returning rejected cases stretches into
July.
Lotteries:Per the recent
regulation, USCIS switched the order that Regular Cap and US
Master's Cap lotteries are run. This year, USCIS first ran the
general lottery for 65,000 H-1B Cap visas, which now also includes
the U.S. Master's degree applicant. Upon completion, USCIS
determined that it received more than the allotted 20,000 U.S.
Master's petitions and completed that lottery as well. Changing
the order of the lotteries is intended to increase the number of
individuals with U.S. Master's degrees selected and implement
the Executive Order, "Buy American, Hire
American."
Next Steps: As indicated, filing
receipts have begun to come in and will continue to for the next
several weeks. The first receipts to arrive are for cases that are
being Premium Processed, since those receipts are emailed. However,
USCIS does not expect to begin adjudicating these cases until May
20, 2019.Any case that is not selected in the lottery will be
returned. Usually, the process of returning rejected cases
stretches into July.As soon as Proskauer receives a filing receipt
or rejection, we will notify clients.
H-1B Cap Reached: FY 2020 H-1B Cap Surges With Over 200,000
Petitions Received
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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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