USCIS Receives More Than 236,000 FY 2017 H-1B Cap Cases, Runs Selection Lotteries
April 13, 2016

Country / Territory
More than 236,000 FY 2017 H-1B cap petitions were submitted to USCIS between April 1 and April 7, 2016 – a new record, though an increase of just 3,000 filings, or 1.3 percent, over last year’s total.
On April 9, the agency ran two lotteries to choose the cases that will be processed to completion. The first lottery selected enough cases to meet the cap exemption of 20,000 for holders of U.S. advanced degrees. The second lottery chose from the roughly 216,000 remaining cases, including those not selected in the advanced-degree lottery, to draw enough filings to fill the standard quota of 65,000. The number of advanced-degree cases filed with USCIS is not yet known, but is likely to have exceeded the approximately 50,000 filed last year.
This year, standard cap filings have roughly a 30 percent chance of selection in the lottery. The odds for advanced-degree cases are somewhat higher because these filings get a second chance for selection if they are not chosen in the initial lottery, but will not be known with certainty until USCIS discloses the number of advanced-degree cases that were submitted. The overall chance of selection in the FY 2017 cap is approximately 36 percent.
What’s Next: Filing Receipts and Adjudication
USCIS has already begun to issue email receipts for premium processed cases that were chosen in the lottery. Premium receipting is expected to continue for at least several more days. Receipts for non-premium cases should begin in the coming weeks, and continue for several weeks thereafter.
Adjudication of premium cases will begin no later than May 16, USCIS has reconfirmed. By May 31, employers who requested premium service should see a petition approval or a request for additional evidence (RFE) in cases selected for processing. Adjudication of non-premium cases will begin later and is likely to continue through mid-August; USCIS could issue RFEs for these cases at any point during this period.
What This Means for Employers
Employers will not know how many of their cases were selected in the lottery until USCIS completes receipting, which could take weeks for non-premium filings. Cases that were not chosen in the lotteries will be rejected and returned with their filing fees. The return process typically begins in mid-June.
Once receipting is completed, contact your Fragomen team for assistance in identifying alternatives for foreign nationals whose H-1B petitions were not selected in the cap lotteries.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
Country / Territory
Explore more at Fragomen

Blog post
Immigration Director Adriana Martínez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.

Media mentions
Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.

Fragomen news
Fragomen supported this report, which explores how gender shapes migration patterns, visa routes, employment and settlement in the UK.

Blog post
Senior Associate Tomasz Rdzanek or Poland Immigration Strategy Director Tomasz Rogala discuss proposed changes to Poland’s citizenship law aimed at simplifying eligibility and clarifying naturalisation procedures for foreign nationals.

Video
Manager David Makau discusses Oman's recent introduction of a Golden Visa program.

Media mentions
Partner Louise Haycock highlights the inclusion of performing arts occupations on the temporary shortage list and what it means for international talent in the sector.

Media mentions
Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.

Blog post
Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.

Media mentions
Partner Bo Cooper provides insight on how evolving US and UK immigration policies, including recent H-1B changes, are shaping corporate mobility and compliance strategies.

Video
O Diretor Executivo da Fragomen Brasil, Diogo Kloper, destaca uma atualização importante na política migratória brasileira, que muda significativamente o que estrangeiros podem fazer no país sob o status de visitante.

Media mentions
Partner Rajiv Naik provides insight on how immigration frameworks across the UK, Europe and EMEA are evolving to support start-ups and entrepreneurial talent.

Media mentions
Partner Jo Antoons discusses the rollout of the EU's new Entry/Exit System.

Blog post
Immigration Director Adriana Martínez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.

Media mentions
Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.

Fragomen news
Fragomen supported this report, which explores how gender shapes migration patterns, visa routes, employment and settlement in the UK.

Blog post
Senior Associate Tomasz Rdzanek or Poland Immigration Strategy Director Tomasz Rogala discuss proposed changes to Poland’s citizenship law aimed at simplifying eligibility and clarifying naturalisation procedures for foreign nationals.

Video
Manager David Makau discusses Oman's recent introduction of a Golden Visa program.

Media mentions
Partner Louise Haycock highlights the inclusion of performing arts occupations on the temporary shortage list and what it means for international talent in the sector.

Media mentions
Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.

Blog post
Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.

Media mentions
Partner Bo Cooper provides insight on how evolving US and UK immigration policies, including recent H-1B changes, are shaping corporate mobility and compliance strategies.

Video
O Diretor Executivo da Fragomen Brasil, Diogo Kloper, destaca uma atualização importante na política migratória brasileira, que muda significativamente o que estrangeiros podem fazer no país sob o status de visitante.

Media mentions
Partner Rajiv Naik provides insight on how immigration frameworks across the UK, Europe and EMEA are evolving to support start-ups and entrepreneurial talent.

Media mentions
Partner Jo Antoons discusses the rollout of the EU's new Entry/Exit System.