USCIS Completes Data Entry of Fiscal Year 2019 H-1B Cap Subject Petitions

USCIS has completed data entry for all fiscal year 2019 H-1B cap-subject petitions selected in its computer-generated random selection process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS cannot provide a definite time frame for returning unselected petitions. USCIS asks petitioners not to inquire about the status of their cap-subject petitions until they receive a receipt notice or an unselected petition is returned. USCIS will issue an announcement once all the unselected petitions have been returned.

Key Points:

  • Because of the high volume of filings, the agency is unable to provide a timeline for the return of unselected petitions.
  • USCIS said it will announce when all unselected petitions are returned and is requesting that petitioners not contact the agency until they have received a receipt notice or the return of an unselected petition.
  • The agency also said it may transfer some H-1B cap petitions between the Vermont Service Center and the California Service Center to distribute workloads more evenly.

Subhan Law Office Analysis: Employers and individuals are reminded that premium processing for H-1B petitions remains suspended, which may delay receipts. You should expect returns of unselected petitions to continue for the next few weeks. The agency will notify petitioners whose cases are transferred between the Vermont Service Center and the California Service Center.

USCIS received 190,098 cap-subject H-1B petitions during this year’s filing period. This number is significantly above the annual H-1B caps of 65,000 visas for individuals with an undergraduate or equivalent degree and 20,000 visas for individuals with a master’s degree or higher from a U.S. university. Employers, entrepreneurs, and investors, whose petitions were not selected in the lottery are encouraged to work with us for advice on alternatives to the H-1B visa category and other strategic options to obtain a visa that suits your needs.

This alert has been provided by the Subhan Law Office, LLC. For additional information, please contact [email protected].

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