Friday, April 4, 2014

H-1B CAP PROJECTION AND TIMING

Projection

The H-1B cap will be reached this year on its first day of eligibility.  MU Law expects around twice as many H-1B petitions as allowed will be filed this year.  We are basing this projection on our internal H-1B cap filings, discussions with other AILA attorneys, our historical experience with H-1B numbers since the mid-1990s, and media sources.  That having been said, our projection is not a scientific one.  Indeed, no one knows exactly how many H-1Bs will be received.

The H-1B cap petitions will be divided into two categories: (1) Those who have graduated from US Master Degree programs; and (2) all other H1-B cap-subject petitions (“regular H-1B cap”).  The US Masters category has a quota of 20,000 H-1B petitions.  The regular H-1B cap has a quota of 65,000 H-1B petitions.

Timing

Since both H-1B categories will be oversubscribed, the USCIS will hold an H-1B lottery.  The H-1B lottery will be held next week.  Last year the H-1B lottery was held April 9, 2013.  Although the H-1B lottery will be held next week, the USCIS did not notify all petitioners of the outcome until June 2013.

If a petitioner wants know sooner, the H-1B may be filed via the Premium Processing Service (PPS).  The PPS does not give a petitioner any greater chance at winning lottery, but it does allow for speedier notice and decision-making.

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