The US Citizenship and Immigration Services (USCIS) announced yesterday that it has completed the data entry for all H-1B cap petitions selected in the FY2019 lottery held in April.   Because receipts are mailed on a rolling basis as the data entry for each selected petition is completed, it is still possible that additional receipts for petitions selected in the lottery will arrive later this week.

 The USCIS will now begin the process of returning to the attorneys of record those petitions that were not selected in the lottery.  In past years, the return process lasted into July.

The United States Citizenship and Immigration Services (“USCIS”) has reported receiving 190,098 cap subject H-1B petitions during the first five business days of April 2018, more than twice the number mandated by Congress’ cap of 65,000 under the regular H-1B cap and 20,000 under the advanced degree cap for each fiscal year.

On April 11, USCIS completed a computer generated and random lottery to select the 20,000 advanced degree cap petitions it will process for the 2019 fiscal year. Those not selected in this lottery, were included in a second lottery conducted to select the 65,000 regular H-1B cap petitions that USCIS will process.

We expect to start receiving H-1B receipt notices for petitions selected in the lottery within the next two weeks and that they will continue to trickle in through the month of June, as in previous years.

March 2017 brought us a surprising suspension of the Premium Processing option for all H-1B petitions received by the USCIS on or after Monday, April 3, 2017, which led to an overwhelming number of H-1B extension filings in a short period of time.  The USCIS was unable to process most of the cases within the 15-day period, leading to the return/refund the $1,225 filing fees.  April 2017 brought us the H-1B cap petition lottery that, once again, demonstrated a high demand for H-1B visas by US companies.  In addition, while these events were taking place, the President and members of his administration continued to spread negative messages about the H-1B program and its future.  In light of these events, we report the following:

  • H-1B petitions not selected in the lottery in April have started to arrive in the mail.  While the USCIS should return the rejected petitions to the attorneys of record, some clients have reported receiving the rejected filings directly from the USCIS.  Those filings should be forwarded to the attorneys so that the filing fee checks can be properly credited, and so that support documents can be maintained and reused next year.
  • Attorneys are reporting an increase in requests for evidence (RFEs) for some H-1B positions relying on Level 1 prevailing wages, especially in the computer industry.
  • Due to the large number of H-1B cap cases, extension petitions, and amended petitions, the USCIS has been moving H-1B filings to other USCIS Service Centers for adjudication assistance.  This should help decrease processing times.
  • Hot off the Presses:  During the USCIS Ombudsman’s Teleconference on H-1B Petition Processing on 6/20/2017, representatives from that office indicated that Premium Processing would be reinstated “on an incremental basis”, but have not explained how this will work or when it will begin.  They are being cautious given the rush of Premium Processing cases it received in March that exceeded processing capacity.

We will continue to provide updates on these and any other issues affecting the H-1B visa program, including any proposed legislation or policy changes.