Update on FY 2014 H-1B Cap

On Friday, April 5, 2013, USCIS announced that they had received a sufficient number of H-1B cap petitions to determine that they met the H-1B cap numbers for both the regular H-1B cap (65,000) and the advanced degree H-1B cap numbers (20,000). 

It was further announced on Monday, April 8, that USCIS received approximately 124,000 H-1B petitions during the filing period of April 1-5, 2013, including petitions filed for the advanced degree exemption.  On April 7, 2013, USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the advanced degree exemption limit.  For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing.

The agency conducted the selection process for advanced degree exemption petitions first.  All advanced degree petitions not selected were part of the random selection process for the 65,000 limit. 

As announced on March 15, 2013, USCIS has temporarily adjusted its premium processing practice to facilitate the prioritized data entry of cap-subject petitions.  USCIS will begin premium processing for H-1B cap cases on Monday, April 15, 2013.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap.