FY 2009 H-1B CAP UPDATE
April 11, 2008

U.S. Citizenship and Immigration Services (USCIS) announced today that it has received approximately 163,000 H-1B petitions to meet the congressionally mandated cap for fiscal year 2009. More than 31,200 of those petitions were for the U.S. Masters cap.

As announced earlier, USCIS will use a random selection process for all cases. Since the cap was met for U.S. Masters quota, USCIS will first conduct the random selection process for such petitions before it begins random selection for petitions to be counted toward the 65,000 cap.

Before running the random selection process, USCIS will complete initial data entry for all filings received during the acceptable filing period ending on April 7, 2008 (within the first five business days of April 1, 2008). Due to the high number of petitions received, the USCIS anticipates that the computerized random selection process will take place some time next week beginning with the selection of the 20,000 petitions under the U.S. Masters cap. Those petitions not selected under the U.S. Masters cap will join the selection process for the cap-subject 65,000 quota.

USCIS will reject and return filing fees for all petitions not randomly selected, unless found to be a duplicate. USCIS will handle duplicate filings in accordance with the interim final rule published on March 24, 2008 in the Federal Register.

It is thus clear that the U.S. Masters cap filers will know whether they have been selected in the random selection process ahead of the regular cap filers. Cancelled filing fee checks accessible through the online banking systems are a clear indication that the case has been selected.

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