On May 15, 2018, U.S. Citizenship and Immigration Services (“USCIS”) announced it completed data entry for all fiscal year 2019 H-1B cap-subject petitions selected in a computer-generated random lottery election process.
USCIS will begin returning all H-1B cap-subject petitions that were not selected directly to employers. Due to the high volume of filings, USCIS cannot provide a definite time frame for returning unselected petitions. USCIS will issue an announcement once all the unselected petitions have been returned.
What is the H-1B visa category?
The H-1B visa category allows U.S. companies to temporarily employ highly educated foreign professionals in specialty occupations that require the theoretical and practical application of a body of highly specialized knowledge gained through a bachelor’s degree or higher in a specific specialty. H-1B specialty occupations may include fields such as science, engineering, mathematics, information technology and business.
Since the category was created in 1990, Congress limits the number of H-1Bs made available each year. The current annual statutory cap is 65,000 visas, with 20,000 additional visas for foreign professionals who graduate with a master’s degree or higher from a U.S. institution of higher learning. In recent years, this cap, or quota, has been reached only a few days after the petition submission period begins.
Leech Tishman has successfully represented companies and foreign professionals in the H-1B visa application process. Please feel free contact our firm for any inquires into the H-1B process or for a thorough analysis of viable non-immigrant visa alternatives for foreign professional workers.
If you have any questions regarding the H-1B visa process or immigration law updates, please contact Cristina Perez. Cristina is Chair of Leech Tishman’s Immigration Practice Group, and a Partner in the firm’s Corporate Practice Group. Cristina is based in the firm’s Pasadena office and can be reached at 626.796.4000 or cperez@leechtishman.com.
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Leech Tishman Fuscaldo & Lampl is a full-service law firm dedicated to assisting individuals, businesses, and institutions. Leech Tishman offers legal services in alternative dispute resolution, aviation & aerospace, bankruptcy & creditors’ rights, construction, corporate, employee benefits, employment, energy, environmental, estates & trusts, family law, government relations, immigration, insurance coverage & corporate risk mitigation, intellectual property, international legal matters, litigation, real estate, and taxation. Headquartered in Pittsburgh, PA, Leech Tishman also has offices in Chicago, Los Angeles, New York, Sarasota and Wilmington, DE.