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USCIS announced today that on April 12 it conducted the computer-generated random selection process to determine which H-1B petitions, subject to the congressionally mandated H-1B cap for fiscal year 2008 (FY 2008), would continue to final processing. USCIS completed this determination ahead of the preliminary schedule noted on April 3, when it announced it had received enough petitions to meet the cap for FY 2008. The 123,480 cap-subject petitions received on April 2 and 3 were labeled with unique numerical identifiers and selected randomly by computer. The chosen numerical identifiers were then transmitted to the appropriate service center for further processing.
Applicants who submitted properly filed petitions that are accepted for adjudication will receive a receipt notice. All petitions not chosen will be returned with the fee(s) to the petitioner or their authorized representative. The total process is expected to take approximately four weeks. For the cases initially filed for premium processing, the 15-day premium processing period begins on April 12, the day petitions were selected through the random selection process.
Earlier this week, USCIS announced that on April 2 and 3 it had only received a total of approximately 12,989 H-1B petitions subject to the U.S.-earned master's or higher degree cap of 20,000. Accordingly, the cap for these U.S. master's degree of higher H-1B cases remains open.
We will provide additional updates as the processing of FY 2008 H-1B cap cases continues.
Proskauer Rose LLP counsels corporate clients and their employees in all areas of immigration, nationality and consular law. This includes obtaining work authorizations and visas to enable companies to hire aliens or transfer personnel between nations; compliance with and defense of anti-discrimination and unlawful immigration practices; and advice and appearances in special circumstance matters such as asylum claims and removal proceedings. Much of the work involves obtaining appropriate non-immigrant or immigrant visas to enable corporations to transfer executives, managers, persons with specialized knowledge or other key personnel temporarily or permanently to the United States.
For more information contact: David Grunblatt
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