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  • Blogging: H-1B CAP LOTTERY ANNOUNCED by Chris Musillo

    Bloggings on Nurse and Allied Health Immigration

    Chris Musillo

    H-1B CAP LOTTERY ANNOUNCED

    by Chris Musillo

    The USCIS has reached the statutory H-1B cap of 65,000 for fiscal year 2014 (H-1B Regular Cap). USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption (H-1B Masters Cap).  This is the first year since FY 2008 that the cap has been reached so quickly.

    USCIS received approximately 124,000 H-1B petitions during the filing period, including petitions filed for the advanced degree exemption. On April 7, 2013, USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the advanced degree exemption limit. For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing.

    F-1 students who wish to use the "cap-gap" rules must be lottery winners. F-1 students who do not win the lottery must exit the US at the conclusion of their F-1 period. 

    Read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.  You can also visit us on Facebook and follow us on Twitter.

    *********

    H-1B CAP HAS BEEN REACHED

    by Chris Musillo

    On Friday the USCIS announced that the H-1B cap has been reached. The USCIS will hold a lottery and return any petitions for Beneficiaries who do not win the lottery. F-1 students who wish to use the "cap-gap" rules must be lottery winners. F-1 students who do not win the lottery must exit the US at the conclusion of their F-1 period.

    H-1B cap-subject petitions include:

    * International students working on an EAD card under an OPT or CPT program after having attended a U.S. school

    * International employees working on a TN may need an H-1B filed for them in order for them to pursue a permanent residency (green card) case

    * Prospective international employees in another visa status e.g. H-4, L-2, J-1, F-1

    * H-1B workers with a cap exempt organization

    * Prospective international employees currently living abroad

    Read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.  You can also visit us on Facebook and follow us on Twitter.


    About The Author

    Christopher T. Musillo is a partner at MusilloUnkenholt Immigration Law. He is a graduate of Villanova University, Villanova, Pennsylvania. When not zealously representing his clients, Chris enjoys outdoor sports, listening to music, traveling and reading.


    The opinions expressed in this article are those of the author(s) alone and should not be imputed to ILW.COM.
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