By: Chris Musillo

USCIS announced that it has received “nearly” 275,000 H-1B cap registrations during the March 1-20 filing period, including H-1B petitions filed for the advanced degree exemption. This is considerably more than the 190,000 H-1B petitions received during the April 2018 (Fiscal Year 2019) filing period and the 201,000 H-1B petitions received during the April 2019 (FY 2020) filing period.

USCIS is in the process of notifying H-1B cap lottery winners. Petitioners should expect about 31% of their H-1B cap filings to be H-1B cap winners because Congress only allows USCIS to approve 85,000 H-1B cap petitions. H-1B winners have 90 days to submit their completed H-1B cap petition to the USCIS.

MU Law’s numbers track the USCIS percentage. So far, we have received notice that about 30% of our total registrations are H-1B cap winners. MU Law is in the process of contacting H-1B winners.

Unlike in past years, the USCIS will continue to update the H-1B cap winners list, as H-1B petitions are denied or petitioners choose not to pursue their winning registrations. Therefore, additional winners may be added throughout the spring and summer. USCIS is not expected to contact any H-1B lottery losers until all 85,000 approval notices are issued or the end of the 2021 fiscal year, whichever comes first.