Still gunning to get your H1B regular cap petition in? Too late. USCIS has received a sufficient number of petitions needed to reach the 65,000 H-1B visa regular cap mandated by congress for fiscal year 2020.
U.S. companies use the H-1B program to employ foreign workers in specialty occupations.
USCIS will next determine if it received a sufficient number of petitions to meet the 20,000 H-1B visa U.S. for advanced degree holders, otherwise known as the master’s cap.
USCIS will reject and return uncashed all filing fees if a petition is not accepted. The agency will continue to accept and process petitions that are
cap-exempt including those filed for current H-1B workers previously counted against the cap and who still retain their cap number. USCIS will continue to accept petitions filed to:
- Extend the amount of time a current H-1B worker may remain in the United States;
- Change the terms of employment for current H-1B workers;
- Allow current H-1B workers to change employers; and
- Allow current H-1B workers to work concurrently in a second H-1B position.
Those whose petitions are not accepted must ensure they remain in lawful immigration status. Failing to maintain legal status can negatively impact future immigration prospects, particularly in the employment visa arena. If your petition was not accepted under the current cap and you are looking for alternatives, schedule a strategic consultation with us today.