The United States Citizenship and Immigration Services (USCIS) officially completed the random selection process for the H-1B Cap for FY 2019 on April 11. The agency published the news via press release on April 12 - less than one week after announcing it had received enough H-1B petitions to reach the statutory cap of 65,000 and the master’s cap of 20,000.
In total, 190,098 H-1B petitions were received during the filing period, which opened on April 2. The USCIS began the selection process for the master’s cap first. Unselected master’s cap petitions were added to the computer-generated random selection process for consideration.
What Happens Now?
The USCIS will reject and return all unselected petitions. Filing fees will also be returned at that time unless the petition is a prohibited multiple filing.
If your company partnered with Bridge for this H-1B cap season, our team will reach out to you as soon as we receive an update on the status of your petition. Should you have any questions in the meantime, please visit our H-1B Cap Post-Filing FAQ.
Cap-exempt petitions will continue to be accepted and processed by the USCIS. Per the USCIS, “Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted towards the FY 2019 H-1B cap.”
The USCIS will also continue to accept and process petitions to:
- Extend the amount of time a current H-1B worker may remain in the United States;
- Change the terms of employment for current H-1B workers;
- Allow current H-1B workers to change employers; and
- Allow current H-1B workers to work concurrently in a second H-1B position.
Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult a Bridge-affiliated partner attorney or another qualified legal professional.