USCIS Reaches FY 2014 H-1B Cap

U.S. Citizenship and Immigration Services (USCIS) has reached the H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period for the first time since 2008. They have also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption.

USCIS received approximately 124,000 H-1B petitions during the filing period, including petitions filed for the advanced degree exemption. On April 7, 2013, USCIS used a computer-generated random selection process to select a sufficient number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the advanced degree exemption limit. For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing.

The agency conducted the selection process for advanced degree exemption petitions first. All advanced degree petitions not selected were part of the random selection process for the 65,000 limit.

As announced on March 15, 2013, USCIS has temporarily adjusted its premium processing practice. To facilitate the prioritized data entry of cap-subject petitions requesting premium processing, USCIS will begin premium processing for H-1B cap cases on April 15, 2013.  For more information on premium processing for FY 2014 cap-subject petitions, read the related USCIS Alert.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions that have been counted previously against the cap will not be counted, as well as extensions of status, change of terms for current H1-B workers, change of employers, and second petitions for current H1-B holders.

For more information on USCIS and its programs, visit www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon

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