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Fiscal Year 2014 H-1B Lottery Update

By Michele D. Frangella

On April 7, 2013, U.S. Citizenship and Immigration Services (USCIS) conducted the lottery process for fiscal year 2014 cap-subject H-1B petitions. The computer-generated random selection process included approximately 124,000 cap-subject petitions received April 1, 2013 through April 5, 2013.

USCIS conducted the random selection process for advanced degree petitions first. When the 20,000 limit for these petitions was reached, the remaining advanced degree petitions were added back into the general pool subject to the 65,000 limit. USCIS then randomly selected petitions until the 65,000 limit was met. For cap-subject petitions not randomly selected, USCIS will reject the filing and return the petition with the filing fees.

USCIS has adjusted its premium processing practice to allow for data entry of cap-subject petitions. USCIS will begin reviewing selected premium processing H-1B petitions on April 15, 2013.

Stay tuned for further updates from our office regarding the H-1B visa cap and related issues.

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Author

Douglas Hauer is a Mintz attorney and noted authority on the EB-5 investor visa program, which gives developers a path for securing capital for real estate, hospitality, and infrastructure projects. He's an essential resource for companies looking for financing from offshore sources.