HR Alert

USCIS Completes Data Entry of Fiscal Year 2018 H-1B Cap-Subject Petitions

H-1B Cap-Subject Petitions Not Selected to be Returned

U.S. Citizenship and Immigration Services (USCIS) has announced that it has completed data entry of all fiscal year 2018 H-1B cap-subject petitions selected in its computer-generated random process, and that it will now begin returning all H-1B cap-subject petitions that were not selected.

Unselected Petitions and Transfer of Petitions
Due to the high volume of filings, USCIS has stated that it is unable to provide a definite time frame for returning these petitions. The agency asks petitioners not to inquire about the status of submitted cap-subject petitions until they receive a receipt notice or an unselected petition is returned. USCIS is expected to issue an announcement once all the unselected petitions have been returned.

Additionally, USCIS is transferring some Form I-129 H-1B cap-subject petitions from the Vermont Service Center to the California Service Center to balance the distribution of cap cases. Petitioners whose cases are transferred will receive notification in the mail. USCIS instructs that after receiving the notification, petitioners should send all future correspondence to the center processing their petitions.

Note: As previously announced, as of April 3, 2017, USCIS has temporarily suspended premium processing for all H-1B petitions, including cap-subject petitions, for up to six months. While H-1B premium processing is suspended, petitioners will not be able to file Form I-907, Request for Premium Processing Service for a Form I-129, Petition for a Nonimmigrant Worker (which requests the H-1B nonimmigrant classification). According to USCIS, while premium processing is suspended, the agency will reject any Form I-907 filed with an H-1B petition.

Click here to read the new USCIS announcement, which contains links to the forms noted above. Further information on the H-1B Fiscal Year 2018 Cap Season is also available.

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