Country / Territory
USCIS received 199,000 FY 2018 H-1B cap petitions between April 3 and April 7, 2017, a decrease of 37,000 petitions, or 15.7 percent, from last year’s record 236,000 filings.
On April 11, 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 179,000 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.
This year, standard cap filings have roughly a 36 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 2018 cap is approximately 42 percent.
What’s Next: Filing Receipts and Adjudication
Employers whose petitions are selected for cap processing should begin to get filing receipts in the coming days. Receipting could continue for several days or weeks after it begins. Receipts will be mailed to petitioners (or their attorneys) by regular mail. Cases not selected in the lottery will be returned to petitioners with their filing fees, but the timing of returns is not yet known.
USCIS is expected to begin working on cap cases soon after they are receipted, but high filing volume, the suspension of premium processing and a significant backlog of non-cap cases could mean longer H-1B cap processing times than in past years. Though the agency makes an effort to complete cap adjudications before October 1, delays beyond this date are possible.
If an adjudicator requires additional facts or documentation in a case, he or she will issue a request for evidence (RFE). If your organization receives an RFE, your Fragomen team may ask you and the petition beneficiary to provide additional information to prepare a response. Working promptly with your Fragomen team will help minimize processing delays. The sooner your response is submitted, the greater the likelihood that your case can be decided in time for an October 1 H-1B employment start date.
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. Cases that were not chosen in the lotteries will be rejected and returned with their filing fees.
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
This blog provides an overview of Switzerland's family reunion process for EU/EFTA nationals and third-country nationals.
Awards
Four Fragomen professionals are recognised in the 2025 edition of The Best Lawyers in Australia in the field of immigration law.
Media mentions
O Diretor de Imigração, Diogo Kloper, compartilha quais indústrias estão recrutando talentos estrangeiros no Brasil.
Blog post
Partner Rahul Soni and Senior Associate Xiaodan (Susan) Song help international commercial enterprise investors make informed decisions by explaining the differences between EB-5 rural projects and high unemployment projects.
Video
Immigration Consultant Azela Hadia discusses how those planning to attend the 2024 Olympics and Paralympics Games in Paris can prepare for their trip from an immigration perspective.
Blog post
This blog provides an overview of immigration programs and relief options by USCIS for Venezuelan nationals amidst the political and economic crisis in Venezuela.
Media mentions
Partner Ángel Bello Cortés shares why Ireland needs a standardised visa system that’s faster and more consistent.
Blog post
This blog discusses Australia's Resident Return visa and its associated "compelling reasons" criteria.
Blog post
Senior Associate Sarah Melnick discusses the available immigration options for individuals not selected in this year's H-1B Cap Lottery.
Media mentions
O Diretor de Imigração, Diogo Kloper, compartilha dados recentes sobre o aumento de vistos de trabalho para profissionais da produção de proteína halal.
Fragomen news
Silicon Valley Managing Partner Kristi Nevarez is recognized as an honoree in the Silicon Valley Business Journal's 2024 Latinx Business Leadership Awards.
Blog post
This blog discusses the complexities individuals face when navigating international travel while awaiting their residence permit in France.
Blog post
This blog provides an overview of Switzerland's family reunion process for EU/EFTA nationals and third-country nationals.
Awards
Four Fragomen professionals are recognised in the 2025 edition of The Best Lawyers in Australia in the field of immigration law.
Media mentions
O Diretor de Imigração, Diogo Kloper, compartilha quais indústrias estão recrutando talentos estrangeiros no Brasil.
Blog post
Partner Rahul Soni and Senior Associate Xiaodan (Susan) Song help international commercial enterprise investors make informed decisions by explaining the differences between EB-5 rural projects and high unemployment projects.
Video
Immigration Consultant Azela Hadia discusses how those planning to attend the 2024 Olympics and Paralympics Games in Paris can prepare for their trip from an immigration perspective.
Blog post
This blog provides an overview of immigration programs and relief options by USCIS for Venezuelan nationals amidst the political and economic crisis in Venezuela.
Media mentions
Partner Ángel Bello Cortés shares why Ireland needs a standardised visa system that’s faster and more consistent.
Blog post
This blog discusses Australia's Resident Return visa and its associated "compelling reasons" criteria.
Blog post
Senior Associate Sarah Melnick discusses the available immigration options for individuals not selected in this year's H-1B Cap Lottery.
Media mentions
O Diretor de Imigração, Diogo Kloper, compartilha dados recentes sobre o aumento de vistos de trabalho para profissionais da produção de proteína halal.
Fragomen news
Silicon Valley Managing Partner Kristi Nevarez is recognized as an honoree in the Silicon Valley Business Journal's 2024 Latinx Business Leadership Awards.
Blog post
This blog discusses the complexities individuals face when navigating international travel while awaiting their residence permit in France.