On May 2, 2016, the United States Citizenship and Immigration Services (“USCIS”) announced that it had completed data entry for all fiscal year 2017 H-1B cap-subject petitions selected in their computer-generated random process, also known as the H-1B lottery system. USCIS will now proceed to return all H-1B cap-subject petitions that were not selected in the random lottery process.
Due to the high volume of filings, USCIS is unable to provide a definite time frame for returning these petitions. USCIS asks petitioners not to inquire about the status of submitted cap-subject petitions until they receive a receipt notice or a petition that was not selected is returned. USCIS will issue an announcement once all the petitions that were not selected have been returned.
On May 12, 2016, USCIS will begin premium processing service, a 15- calendar day processing time period for cap-subject H-1B petitions filed via USCIS’ premium processing service.
Please note that USCIS will continue to accept H-1B petitions that are otherwise exempt from the cap, which include:
- Requests for extension of stay for current H-1B workers;
- Changes in terms of employment for current H-1B workers;
- Change of employer petitions for individuals already in H-1B status; and
- Petitions to allow current H-1B workers to work concurrently in a second position.
In addition, petitions for new H-1B employment are not subject to the annual quota if the foreign professional will be employed at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or a governmental research organization.
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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
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Gunster, Florida’s law firm for business, provides full-service legal counsel to leading organizations and individuals from its 13 offices statewide. Established in 1925, the firm has expanded, diversified and evolved, but always with a singular focus: Florida and its clients’ stake in it. A magnet for business-savvy attorneys who embrace collaboration for the greatest advantage of clients, Gunster’s growth has not been at the expense of personalized service but because of it. The firm serves clients from its offices in Boca Raton, Fort Lauderdale, Jacksonville, Miami, Naples, Orlando, Palm Beach, Stuart, Tallahassee, Tampa Bayshore, Tampa Downtown, Vero Beach, and its headquarters in West Palm Beach. With more than 280 attorneys and consultants, and over 290 committed professional staff, Gunster is ranked among the National Law Journal’s list of the 500 largest law firms and has been recognized as one of the Top 100 Diverse Law Firms by Law360. More information about its practice areas, offices and insider’s view newsletters is available at www.gunster.com.
