USCIS completes data entry, will begin returning unselected H-1B petitions

U.S. Citizenship and Immigration Services has completed data entry for all H-1B cap-subject petitions selected in this year’s computer-generated lottery, the agency announced today.

USCIS received nearly 233,000 H-1B cap-subject petitions during this year’s filing period, which began April 1. Annual quotas for H-1B visas are set at 65,000 for undergraduate-degree holders plus an additional 20,000 for foreign nationals with a master’s degree or higher from a U.S. university.

Having completed data entry, USCIS will now begin returning H-1B petitions that were not selected. USCIS said that because of “the high volume of filings, the time frame for returning these petitions is uncertain.”

The agency asked that petitioners not inquire about the status of their petition until they receive a receipt notice or their unselected petition is returned.

BAL Analysis: Many employers will be forced to consider alternative visa options or overseas assignments for high-skilled employees due to the high number of petitions rejected because of the cap. Employers are encouraged to work with their BAL attorney to explore alternatives for their current job candidates as well as to map out long-term options for their workforce.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.