2019 H-1B Cap Reached

Each fiscal year, the United States Citizenship and Immigration Services accepts only a certain number of candidates to be accepted for H-1B visas. The agency recently announced that the random selection process for H-1B visas during the fiscal year 2019 has been completed, as the agency has reached the cap. The annual cap for H-1B is 65,000 petitions. However, there are also an additional 20,000 petitions accepted from individuals that have received a master’s degree in the United States.

Due to the fact that the master’s cap selection is done first, the remaining petitions that were not accepted will be put into the same lottery as the rest of the petitioners. In addition, it is important to note that the USCIS plans to continue accepting petitions that are exempt from the federally mandated H-1B cap. The individuals who are exempt from the cap include the following:

  • Current H-1B workers who wish to extend the amount of time that they may work in the United States
  • Current H-1B workers that wish to change their employers
  • Current H-1B workers that wish to work in a second petition that also requires an H-1B visa
  • Current H-1B workers who wish to change the terms of their employment

If you have applied for an H-1B visa and have questions about your status, contact our firm today.

The Law Offices of Cheryl R. David practices immigration law throughout NYC. If you have questions about your particular matters regarding immigration please contact the office to discuss your circumstances and options.