H-1B Visa Cap for FY 2014 Has Been Reached & Lottery Selection Conducted

Posted by at 8 April, at 13 : 51 PM Print | Email Email | This page as PDF PDF

1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading ... Loading ...

H-1B Visa Cap for FY 2014 Has Been Reached & Lottery Selection Conducted

H-1B Annual Work Visa Cap


On April 5, 2013, the U.S. Citizenship and Immigration Services (USCIS) has received a high number of H-1B Cap Petitions and reached the 65,000 statutory cap for the 2014 fiscal year (FY).  The USCIS has received more than 20, 000 H-1B Cap-Exempt Petitions for those under the U.S. advanced degree.   During the period up to and including April 5, 2013, the USCIS around 124,000 H-1B petitions in total.  After April 5, 2013, USCIS will not accept any more H-1B Cap Petitions and U.S. advanced degree H-1B Cap Exempt Petitions, for FY 2014.

On April 7, 2013, USCIS conducted computer-generated random selection process (lottery) to select a sufficient number of petitions needed to meet the caps of 65,000 for the H-1B cap category and 20,000 under the advanced degree exemption limit.  Those not selected will be returned with filing fees.  Random selection was conducted first for advanced degree H-1B petitions

USCIS received approximately 124,000 H-1B petitions during the filing period, including petitions filed for -1B Cap-Exempt Petitions for those under the U.S. advanced degree, and those not selected were processed under the 65,000 limit.

For this H-1B cap-season purpose only, USCIS will begin premium processing for H-1B cap cases on April 15, 2013.

What is an H-1B?


H-1B petitions are temporary work visas for positions requiring theoretical or technical expertise in specialized fields for qualified foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain lawful permanent residence status (also known as, green card).


Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree and/or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations; each case depends on a position’s own set of circumstances.


Some H-1Bs Are Not Subject to H-1B Annual Work Visa Cap


Not all H-1B petitions are subject to annual visa cap, depending on the types of H-1B petition being filed, or the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status may still have H-1B petitions filed for them to extend their H-1B status, or to change or add H-1B employers.


Duration of H-1B


In general, H-1B petitions/work visas are approved for three years each time (up to a total of 6 years). Under certain circumstances, H-1B work visas can be extended beyond the 6-year maximum time limitation.


H-1Bs Not Selected or Filed When All H-1B Annual Work Visas Are Used Up


Potential H-1B candidates who do not make it to the Fiscal Year 2013 H-1B visa quota (October 1, 2012 employment start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to USCIS on or after April 1, 2013 (October 1, 2013 employment start-date or later) for the Fiscal Year 2014 H-1B visa quota. They can also consider other immigration options such as other nonimmigrant work status and self-petition green card filings, if eligible.


April 5, 2013: By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net

We represent employers, and individuals and their families in green card, citizenship and work visa matters in U.S. immigration law. We also have a focus on green card cases such as extraordinary ability, national interest waiver, PERM, family; work and related visa matters such as H, L, P, O, E, K.

All Rights Reserved.


More News

Immigration News Others USCIS Case Status USCIS Processing Time Visas Work Visas , , , , , , , ,

Related Posts

Leave a Reply



Log In

Do you Need an Immigration Lawyer?

 Tiya PLC Can Help.


More News