USCIS announced prior to receiving Monday’s shipment of H-1 filings that both Caps had been met (USCIS Release). As it was widely anticipated that the cap would be exceeded in the first five business days of filing, this was not a surprise. All cases received on Monday will still be processed through the lottery selection, but any case received on Tuesday or later will immediately be returned to the sender.
The USCIS press release provides additional guidance – which is consistent with our expectations for this cap season. Perhaps the most important piece of information is an admission by USCIS that they have not yet determined when the lottery will be completed – this suggests they are either just being conservative in their estimates or they have a concern about the volume of applications they have to process before they can run the lottery. As such, it may take a bit longer than anticipated for individuals to hear news on their case.
With all cap subject H-1Bs for Fiscal Year 2015 being utilized in the first five business days of April 2014, we would like to remind everyone of the importance of contacting your representatives and encourage them to support comprehensive immigration reform. There is a clear business need for an increase in the number of H-1 visas granted annually, and as such we need our representatives to take action now that supports the growth of our U.S. economy and helps to reform our broken system.
In response to the Cap filing deadline Brown Immigration Law is happy to confirm that all case filings from our offices made it to their intended destination at the Vermont or California Service Center by close of business on Monday April 7, 2014. At this point lawyers and clients alike must now wait for USCIS to take action. As previously communicated to all clients, Brown Immigration Law will immediately confirm the acceptance of any case filed and receipted by USCIS once that information is available to our office. We want to wish all of our clients good luck in the selection process.
**This newsletter is provided for information purposes only, and is not intended to provide legal advice.**