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.
