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FY2019 H-1B Cap Met

By Kristin Bolayir ˘ on April 6, 2018
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USCIS announced today, April 6, 2018, that the FY 2019 H-1B cap is now closed because it has received a sufficient number of H‐1B petitions to reach the 65,000 statutory cap as well as the 20,000 advanced degree exemption. The announcement did not provide details about the total number of H-1B petitions filed.  USCIS will reject any further cap‐subject H-1B petitions received seeking an employment start date in FY 2019 (Oct. 1, 2018 or after). With this year’s H-1B cap closed, employers will be unable to file new H-1B petitions subject to the cap until April 1, 2019, when the FY2020 H-1B cap opens for petitions with a start date of Oct. 1, 2019. Petitions that are otherwise exempt from the cap, such as H-1B extensions, H-1B ports to new employers, or H-1Bs filed for exempt employers, will continue to be accepted and processed by the USCIS.

The USCIS will use a computer‐generated random selection process (commonly known as the “lottery”) for all FY 2019 cap‐subject petitions received through April 6, 2018. USCIS has not released a date the lottery will be completed due to the high number of petitions received. USCIS will conduct the selection process for 20,000 advanced degree exemption petitions first. All advanced degree petitions not selected during the initial lottery will then become part of the random selection process for the 65,000 statutory cap. USCIS will reject and return any cap‐subject petition that is not randomly selected along with filing fees. As previously reported, premium processing for cap-subject petitions remains suspended. It is expected that the temporary suspension will last until Sept. 10, 2018. USCIS continues to accept premium processing requests for non-cap subject H-1B petitions.

Rejection rates under this year’s H-1B cap is expected to be very high. Employers may want to consider conducting a proactive assessment of alternative options for any employee who it has sponsored under this year’s cap, especially since next year’s cap will not open until April 1, 2019, for Oct. 1, 2019 start dates. Such contingency plans include: (a) reviewing alternative work visa options; (b) determining whether a student candidate who holds F-1 Optional Practical Training (OPT) work authorization is eligible for a 24-month OPT extension because the candidate holds a U.S. Science, Technology, Engineering or Math (STEM) degree and the employer is enrolled in E-Verify; (c) having the employee work abroad at a related foreign entity of the U.S. company and returning to the country after a year on a L-1 visa; or (d) exploring whether the candidate can enroll in a U.S. academic program and secure U.S. work authorization.

GT will continue to monitor this situation and provide new information as it becomes available. For additional information about the H‐1B cap or a particular H‐1B case, please contact your attorney.

 

*Not admitted to the practice of law.

Photo of Kristin Bolayir ˘ Kristin Bolayir ˘

Kristin Bolayir’s legal career spans twenty-seven years including more than twenty-four years of experience in immigration. Kristin specializes in business immigration law, especially complex and writing-intensive nonimmigrant and immigrant cases. Her experience in immigration involves nonimmigrant and immigrant solutions for the business, research…

Kristin Bolayir’s legal career spans twenty-seven years including more than twenty-four years of experience in immigration. Kristin specializes in business immigration law, especially complex and writing-intensive nonimmigrant and immigrant cases. Her experience in immigration involves nonimmigrant and immigrant solutions for the business, research, information technology, education and entertainment communities. Kristin leads a team of immigration professionals, supervises and mentors paralegals involved in a variety of business immigration matters, assigns cases and monitors paralegal workload and production, and provides training for new paralegals. She effectively manages client relationships, provides case management for clients, and oversees large volume caseloads of both non-immigrant and immigrant petitions. Kristin also regularly writes articles reflecting changes and developments in immigration law and procedure for both the group’s blog, Inside Business Immigration: Legal Analysis for the Global Employer.

˘ Not admitted to the practice of law.

Read more about Kristin Bolayir ˘Email
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  • Posted in:
    Immigration
  • Blog:
    Inside Business Immigration
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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