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H1B Visas Cap Update

These are hectic days for immigration lawyers and clients alike. I get call all day long from worried clients wanting to know the status of their H1B visa petition. It is hard to beleive that the fate of one’s future in America will be decided by a lottery drawing.

U.S. Citizenship and Immigration Services (USCIS) announced an updated number of
filings today as the counting of H-1B petitions received on April 2 and 3 continues. On April 3, USCIS announced that it had received enough petitions to meet the congressionally mandated cap for fiscal year 2008 (FY 2008) and that it would conduct a computer-generated random selection of cap-subject petitions filed on Monday (April 2) and Tuesday (April 3) to determine which cases would be accepted for processing.

As of April 9, USCIS has determined that approximately 119,193 of the H-1B petitions received on April 2 and 3 are subject to the FY 2008 congressionally mandated cap.

USCIS received on April 2 and 3 a total of approximately 12,989 cases requesting an exemption from the FY 2008 H-1B cap because they were filed on behalf of aliens holding a master’s degree or higher from a U.S.institution. USCIS can now announce that the cap of 20,000 on these exempt cases remains open and that USCIS will continue to monitor these filings.

Our office will provide regular updates as the processing of FY 2008 H-1B cap cases continues.