USCIS Update on FY 2009 H-1B Cap
USCIS RUNS RANDOM SELECTION PROCESS FOR H-1B PETITIONS
WASHINGTON – U.S. Citizenship and Immigration
Services (USCIS) today conducted the computer-generated
random selection processes on H-1B petitions, to select
which H-1B petitions for fiscal year 2009 (FY 2009)
would continue to full adjudication. If approved these
H-1B petitions will be eligible to receive an H-1B
visa number.
USCIS conducted two random selections, first on petitions
qualifying for the 20,000 “master’s or
higher degree” (advanced degree) exemption,
and second on the remaining advance degree petitions
together with the general H-1B pool of petitions,
for the 65,000 cap. The approximately 163,000 petitions
received on the first five days of the eligible filing
period for FY 2009 (April 1 through April 7, 2008)
were labeled with unique numerical identifiers.
USCIS has notified the appropriate service centers
which numerical identifiers have been randomly selected,
so each center may continue with final processing
of the petitions associated with those numerical identifiers.
Petitioners whose properly filed petitions have been
selected for full adjudication should receive a receipt
notice dated no later than June 2, 2008. USCIS will
return unselected petitions with the fee(s) to petitioners
or their authorized representatives. As previously
announced, duplicate filings will be returned without
the fee. The total adjudication process is expected
to take approximately eight to ten weeks.
For cases selected through the random selection process
and initially filed for premium processing, the 15-day
premium processing period begins today (April 14),
the day of the random selection process.
USCIS has “wait-listed” some H-1B petitions,
meaning they may possibly replace petitions chosen
to receive an FY-2009 cap number, but that subsequently
are denied, withdrawn, or otherwise found ineligible.
USCIS will retain these petitions until a decision
is made whether they will replace a previously selected
petition. USCIS will send a letter to the wait list
petitioners to inform them of their status USCIS expects
that for each of these wait-listed petitions, it will
either issue a receipt notice or return the petition
with fees within six to eight weeks.
– USCIS –
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