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Possible Lottery for H-1B Visas; Premium Processing Delayed for Cap Cases

March 18, 2013 (1 min read)

 

" ... Based on feedback from a number of stakeholders, USCIS anticipates that it may receive more petitions than the H-1B cap between April 1, 2013 and April 5, 2013.  USCIS will monitor the number of petitions received and notify the public of the date on which the numerical limit of the H-1B cap has been met.  This date is known as the final receipt date.  If USCIS receives more petitions than it can accept, USCIS will use a lottery system to randomly select the number of petitions required to reach the numerical limit.  USCIS will reject petitions that are subject to the cap and are not selected, as well as petitions received after it has the necessary number of petitions needed to meet the cap.  The lottery for the H-1B cap was last used in April 2008.  In addition, H-1B cap cases can continue to request premium processing concurrently.  Due to the historic premium processing receipt levels, combined with the possibility that the H-1B cap will be met in the first 5 business days of the filing season, USCIS has temporarily adjusted its current 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. ... " - USCIS, Mar. 15, 2013.  (Emphasis added.)