Law Office of Leila Freijy PLLC
Immigration & Compliance Law 
USCIS Completes the H1B Selection Process for FY2017 Cap Cases
  
Today the USCIS announced that it received over 236,000 H-1B petitions during the filing period, which began April 1, including
petitions filed for the advanced degree exemption. This represents only a slight increase over FY2016 and is much better than what had been predicted.

On April 9, USCIS used a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general category cap and the 20,000 cap under the advanced degree exemption. USCIS will reject and return all unselected petitions with their filing fees, unless the petition is found to be a duplicate filing.

The agency conducted the selection process for the advanced degree exemption first. All unselected advanced degree petitions then became part of the random selection process for the
65,000 limit.

USCIS will begin premium processing for H-1B cap cases no later than May 16, 2016.

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 also not be counted towards the congressionally mandated FY 2017 H-1B cap.

USCIS will continue to accept and process petitions filed to:
  • Extend the amount of time a current H-1B worker may remain in the United States;
  • Change the terms of employment for current H-1B workers;
  • Allow current H-1B workers to change employers; and
  • Allow current H-1B workers to work concurrently in a second H-1B position.
As indicated previously, we will notify you as soon as we receive any information from the USCIS regarding individual petitions - whether it is a Receipt Notice (indicating a petition has been selected in the lottery) or the returned petition (indicating that a petition was not selected in the lottery).
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If you have any questions or concerns about the information provided in this email, please don't hesitate to contact me.

 

Sincerely,

 


Leila Freijy
Law Office of Leila Freijy PLLC