Home Blog USCIS Reaches The H-1B Cap Limit For Regular Cap & Master's Cap For FY 2020

USCIS Reaches The H-1B Cap Limit For Regular Cap & Master's Cap For FY 2020

Posted April 13, 2019 - Vineesha Kakarlapudi

The H-1B Cap season is here and USCIS has started accepting H-1B petitions for the Fiscal Year 2020. Here are the updates on the Cap Season so far!

USCIS Reaches The H-1B Cap Limit For Regular Cap & Master's Cap For FY 2020

 

1st  April 2019

April 1st, marked the beginning of the H-1B Cap season and five days is all it has taken to receive enough H-1B petitions for the upcoming Fiscal Year.

 

5th April 2019:

USCIS has announced that it has received a sufficient number of H-1B petitions for the FY 2020 on April 5th. Out of which the mandated 65,000 petitions would be selected in the random selection process.

However, USCIS has announced that it still has to determine the number of petitions received under the advanced degree exemption. The advance degree exemption caps at 20,000 petitions.

USCIS will reject and return all the remaining unselected petitions along with the filing fees.

 

10th April 2019:

USCIS has completed the selection process for the H-1B regular cap petitions on April 10th, 2019. It has used a computerized lottery process for selection of the mandated 65,000 H-1B petitions under the regular cap. USCIS has also announced that it has received sufficient number of petitions for the advanced degree exemption as well. However, USCIS hasn’t completed the selection process for these Cap exempt petitions.

USCIS has received a total number of 201,011 H-1B petitions in a span of five days. This number includes both the regular cap and advanced degree exempt petitions.

This Fiscal year, USCIS has followed the new H-1B regulation in selecting the petitions. First, it has conducted the random selection process on all the petitions, including the cap exempt petitions. Out of which, the required 65,000 petitions were selected. USCIS will conduct another computerized lottery for the advanced degree exempt petitions alone for the selection of master’s cap petitions.

All the remaining and rejected petitions will be returned to the employers along with the filing fees.

However, 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.

 

When do you think there will be an update about the selection of Master’s cap petitions?

 

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