USCIS announced today that it received approximately 150,000 cap-subject H-1B cases against the congressionally mandated cap of 65,000 H-1Bs for FY 2008. Therefore, it must now go through a "lottery" process to randomly select which cases will actually be accepted for processing. In accordance with regulations, the random selection process will include cases received on April 2nd and April 3rd, even though USCIS received enough cases to reach the cap on April 2nd. Given the volume of filings received, USCIS expects the random selection process to take "several weeks." ) r0 K' d/ q B; \9 G8 X
USCIS is unable at this time to determine how many petitions were filed against the additional 20,000 H-1Bs reserved for beneficiaries who hold a US Master's or Ph.D. degree. It is entirely possible that the US Master's or Ph.D. degree cap has yet to be reached since the source for these candidates (i.e., US universities) does not materially change from year to year. Therefore, as the receipt cut-off date has yet to be assessed for this category, employers should continue filing these as needed, and clearly note on the petition that the case involves a US Master's or Ph.D. degree holder. |