By: Chris Musillo

As expected, USCIS has received more than 85,000 H-1B cap-subject petitions on the very first day of H-1B cap filings. They did not specify how many H-1B cap-subject petitions were received. We expect to know the overage within the next few weeks. Last year, the announcement happened on April 13.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the 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;
  • Amend the H-1B petition to notify the USCIS of the filing of a new LCA and/or geographic change in employment;
  • Allow current H-1B workers to change employers; and
  • Allow current H-1B workers to work concurrently in a second, contemporaneous part-time H-1B position.