The USCIS will begin accepting petitions for FY 2014 H-1Bs on April 1st of this year. Currently, the USCIS is predicting that the filing of petitions subject to the regular Cap (65,000) and Advanced Degree Cap (20,000) will exceed visa availability in the first 5 business days of petitions being accepted. Due to projected levels of H-1B petitions being submitted this year for Fiscal Year 2014 visas, the USCIS has announced that an H-1B selection lottery may be required and that it will alter slightly its “premium processing” criteria.

With so many petitions expected in the first 5 business days of filing season, the USCIS may have to use an H-1B lottery to choose which petitions filed will be selected for FY 2014 visa issuance. If the caps are met within the first 5 business days of the filing season, the USCIS will assign each petitioner’s file a unique identifying number. Using an algorithmic random number selector, the USCIS will pick which files will precede to full adjudication. If both caps are met within the first 5 business days, the regular and advanced degree cap pools of petitioners will each have separate selections. The code of federal regulations (8 CFR § 214.2(h)(8)(ii)(B)) outlines how the selection process takes place. It says that if the numerical limits of the caps are met by applicants within the first 5 business days that petitions are accepted then ALL petitions accepted by the calendar day that the quota is met will be entered into the random selection process. For those files not selected the petition and the filing fee will be returned to the petitioners.

Additionally, the USCIS has decided to postpone premium processing for cap-subject H-1Bs (under both the regular and advanced degree caps) until April 15, 2013.The delay in premium processing is to allow the USCIS the time necessary to process and enter the data coming from such a large pool of applicants applying all at once.

The 15-day period for an adjudication decision stipulated by the premium processing program will begin on April 15th and NOT the date of receipt listed on I-797 for cap-subject petitioners this year. This, however, does not mean that applicants should wait until April 15th to request premium processing of their H-1B cases (although this is an option for those who want to upgrade a previously submitted petition to premium processing). To ensure speed in the processing of your H-1B case this year you should still submit the premium processing application and related fees with your petition if you wish to take advantage of quick adjudication when it starts on April 15th. 

This change to premium processing does NOT affect H-1B petitioners who are cap-exempt. The premium processing date for cap-exempt H-1B petitioners will continue to be the receipt date of the I-907.

Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of H-1B petitions. For the year of 2011, our firm received 269 H-1B approvals. For the year of 2012, our firm received 272 H-1B approvals.

Our attorneys are very experienced in handling H-1B petitions. If you can get sponsorship from your future employer and retain us for your H-1B petition, we will assure you that we file your H-1B petition within two weeks.

If you are interested in filing an H-1B but are not sure how to do so, please contact us at info@hooyou.com. Our experienced attorneys will provide you with a free evaluation.

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, and I-485 cases. In the past seventeen years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

Zhang & Associates, P.C.

Silicon Valley • New York • Los Angeles • Chicago • Houston • Austin • Seattle

Tel:	1-800-230-7040, 713-771-8433
Email:	info@hooyou.com
website:	http://www.hooyou.com

 

(03/18/2013)