Wednesday, April 4, 2007

//News// H-1B cap reached - USCIS

The U.S. Citizenship and Immigration Services (USCIS) announced on Tuesday that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2008 (FY 2008).

USCIS will use a computer program to randomly select applications from those received on April 2, 2007 and April 3, 2007. Petitions received on those dates but not selected by the computer will be rejected and returned along with the filing fee(s).

According to a USCIS release, the agency will use the following process to handle H-1B petitions subject to the FY 2008 cap:

• USCIS has determined that as of April 2, 2007, it had received enough H-1B petitions to reach the FY 2008 H-1B cap and has set the “final receipt date” as April 2, 2007.
• In keeping with its regulations, USCIS will subject H-1B petitions received on the “final receipt date” and the following day to a computer-generated random selection process.
• USCIS will reject all cap-subject H-1B petitions for FY 2008 received on or after Wednesday, April 4, 2007.
• USCIS will reject and return along with the filing fee(s) all cap-subject H-1B petitions that are not randomly selected.
• Petitioners may re-submit petitions on April 1, 2008 when H-1B visas become available for FY 2009. This is the earliest date for which an employer may file a petition requesting FY 2009 H-1B employment with a start date of October 1, 2008.

As of late Monday afternoon (April 2), USCIS had received approximately 150,000 cap-subject H-1B petitions. USCIS must perform initial data entry for all filings received on April 2 and April 3 prior to conducting the random selection process. In light of the high volume of filings, USCIS will not be able to conduct the random selection for several weeks.

Read the full release here.

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