Greenspoon Marder Client Alert: USCIS Has Completed Selection Process for Fiscal Year 2019 H-1B Cap Petitions

Apr 12, 2018

On April 11, 2018, the USCIS completed the selection process for the FY 2019 H-1B CAP petitions using a computer-generated random selection process. USCIS received 190,098 H-1B petitions during the filing period between April 2^nd and April 6^th. The selection process for the Master’s cap was conducted first and all unselected Master’s cap petitions then became part of the random selection process for the 65,000 cap.

USCIS announced it reached the congressionally-mandated 65,000 H-1B visa cap for fiscal year 2019 and received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, known as the master’s cap on April 6. The agency will reject and return filing fees for all unselected cap-subject petitions that are not considered prohibited multiple filings per Matter of S- Inc., which determined USCIS will deny or revoke the approval of all H-1B cap-subject petitions filed by “related entities” for the same beneficiary for substantially the same job.

Please note this selection does not affect petitions that are otherwise exempt from the cap. The USCIS will continue to accept and process petitions filed for current H-1B workers who have been counted against the cap previously.

We will notify you about whether your petition was selected or rejected once we receive correspondence from the USCIS.

Please reach out to your Greenspoon Marder LLP Immigration & Naturalization Practice Group attorney for any further questions or concerns.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 225 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

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This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

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Greenspoon Marder Client Alert: USCIS Has Completed Selection Process for Fiscal Year 2019 H-1B Cap Petitions

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