April 16, 2008

Lottery Selection for FY09 H-1B Cap Completed

The United States Citizenship and Immigration Services ("USCIS") announced on April 14, 2008 that the random selection processes for H-1B petitions have been completed. The computer-generated random selection processes determined which H-1B petitions for fiscal year 2009 will continue to full adjudication.

The first selection determined the petitions eligible for the 20,000 "master’s or higher degree" (advanced degree) exemption. The second selection, drawn from the remaining advanced degree petitions together with the general H-1B petitions, determined the petitions eligible for the 65,000 cap. Only H-1B petitions received from April 1, 2008 through April 7, 2008 were eligible for the lottery.

USCIS has stated that petitions selected for final adjudication should receive a receipt notice dated no later than June 2, 2008. Petitions not selected by USCIS will be returned with the filing fees to petitioners or their authorized representatives. USCIS expects the full adjudication process to take approximately eight to ten weeks. For petitions selected for full adjudication and initially filed for premium processing, the 15-day premium processing period begins April 14, 2008, the day of the selection process.

Some H-1B petitions have been "wait-listed" by USCIS. These petitions will be eligible to replace any of the selected petitions which are subsequently denied, withdrawn or otherwise found ineligible. USCIS will inform the wait-listed petitioners by letter. For each wait-listed petition, USCIS expects to either issue a receipt or return the petition with fees within six to eight weeks.