Friday, April 5, 2013

2013 H-1B Cap reached this week

2013 H-1B cap reached

USCIS announced today that the cap for all "standard" and all advanced degree H-1B cases has been reached.   USCIS will continue to accept cap-subject cases through the end of today, April 5, but will reject all cap-subject cases that it receives after today.

To determine which H-1B cases are processed and approved, USCIS will conduct two lotteries.   The first will be conducted to pick the 20,000 cases for beneficiaries with advanced degrees issued by US universities.   Any of those cases not selected for the 20,000 set aside will then be entered into the second lottery for the 65,000 numbers available for all other H-1B petitions.  

USCIS has not determined when it will conduct the lotteries due to the large number of cases received to date, and it has not yet announced the total number of cases received, due to its receipt of cases through the end of today.  

Reports are that the soon to be released Senate 2013 Immigration Reform proposal (and perhaps the House version) will contain provisions that will create as many as 65,000 additional H-1B numbers, but that proposal has not been introduced.  In addition, it will be subject to debate in the Senate, debate in the House, revision in a Conference Committee, and then further debate before both Houses.  

The current situation is not acceptable by any means, and the present demand for these numbers is clear evidence of that fact.

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