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USCIS Completes the H-1B Cap Random Selection Process for FY 2020 and Reaches the Advanced Degree Exemption Cap

USCIS has announced that, on April 10th, they completed the random selection process to select enough H-1B petitions to meet the congressionally mandated 85,000 H-1B visas allotted each fiscal year. USCIS received a total of 201,011 H-1B petitions during the filing period for Fiscal Year 2020, which represents an increase from the 190,098 H-1B petitions received the previous year for Fiscal Year 2019. With RFE and denial rates increasing along with the number of H-1B petitions, we will need to remain vigilant and adapt to whatever USCIS throws our way once these petitions start being adjudicated. Employers will likely start receiving notifications whether their petition has been selected in the coming months.

 

Copied from USCIS:

 

On April 10, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated regular cap and the U.S. advanced degree exemption for fiscal year (FY) 2020. After completing the random selection process for the regular cap, USCIS also determined that it has received a number of petitions projected as sufficient to meet the 20,000 H-1B visa U.S. advanced degree exemption, also known as the master’s cap.

USCIS received 201,011 H-1B petitions during the filing period, which began April 1, including petitions filed for the advanced degree exemption. USCIS announced on April 5 that it had received enough petitions to reach the congressionally mandated H-1B regular cap of 65,000.

In accordance with the new H-1B regulation, USCIS first conducted the selection process for H-1B cap-subject petitions submitted on behalf of all beneficiaries, including those that may have been eligible for the advanced degree exemption. USCIS then selected a number projected to reach the advanced degree exemption from the remaining eligible petitions. USCIS will reject and return all unselected petitions with their filing fees unless the petition is a prohibited multiple filing (PDF, 119 KB).

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2020 H-1B cap. USCIS will continue to accept and process petitions filed 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.

 

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