H-1B Cap Data Entry and Receipting Completed

Many of our readers are aware that as of April 5, 2019, USCIS had received a sufficient number of H-1B cap-subject petitions to fill the annual fiscal year (FY) 2020 H-1B quota (total of 201,000 cap applications). USCIS has just announced that as of May 17, 2019 they have completed the intake process and the issuance of receipt notices for cases which were selected under the random lottery.

H-1B Completes H-1B Petition Data Entry on May 17, 2019

USCIS has just announced that they have completed the data entry and receipting of all selected H-1B cap petitions. This means that the last set of receipt notices are about to be sent out. Here’s USCIS’s announcement:

USCIS has completed data entry for all fiscal year 2020 H-1B cap-subject petitions selected in our computer-generated random selection process, including those selected under the U.S. advanced degree exemption. As in previous years, we will now begin returning all H-1B cap-subject petitions that we did not select and will issue an announcement once we are done notifying petitioners. Due to the volume of filings, we cannot provide a definite time frame for returning unselected petitions. We ask petitioners to wait to inquire about the status of their cap-subject petitions until they receive a receipt notice or an unselected petition that we have returned.

Additionally, we may transfer some Form I-129 H-1B cap-subject petitions between the Vermont Service Center and the California Service Center to balance the workload and enhance efficiencies. If we transfer your case, you will receive notification in the mail. After receiving the notification, please send all future correspondence to the center processing your petition.

Based on this announcement, we expect that it may take another few days or so to expect to receive the last H-1B cap receipt notices for selected cases. Afterwards, USCIS will turn its attention to sending out the H-1B non-selection notices and document packages back.

Return of Non-Selected H-1B Cap Packages Can Take Weeks

Please note that given the number of rejections USCIS will have to send out (~115,000), we expect that it may take at least several weeks before all H-1B lottery rejection packages are sent back and before knowing with certainty that a case did not make it under the H-1B cap lottery.

Was My Case Selected for Processing Under the H-1B Lottery This Year?

• We should know if your case was selected under the H-1B cap lottery by May 20-25th.
• If we do not have news by then, it is likely that your case was not selected under the H-1B cap lottery; however, the actual rejection notice may take several weeks.

H-1B Cap Alternatives

We understand that there are many of our readers and clients who may not  have heard any news about their H-1B cap case so far and that the chances for selection are getting dimmer.    Our office has compiled a selection and overview of the most common H-1B cap alternative visa options.

Conclusion

Our office will continue to monitor developments relating to the H-1B cap season. In the meantime, please feel free to subscribe to our free weekly newsletter to obtain developments on this and related topics. If our office can be of any help with any of the H-1B visa alternative options, please feel free to contact us.