« Immigration: Victims of violent crime sue feds over visa issues | Main | Getting the LCA In Hand Before April 1 »

March 10, 2007

Take a Deep Breath: H-1B Cap Prognostications

From AILA;

There is a quite a bit of chatter about how soon the FY 2008 H-1B quota will be exhausted, with some predictions that the regular cap will be reached within the first day or first two days of filing. There is, of course, no way to know if this speculation will be true, but it appears that many attorneys are operating on the assumption that it could be so.

USCIS has advised that there is no advantage to submitting a petition for delivery on Saturday, March 31st, as all petitions delivered on Saturday will be processed on Monday, April 2nd. Be aware also that a petition for a cap-subject alien received on Friday, March 30th, will be rejected. Moreover, if a sufficient number of petitions to exhaust the quota is received on the first day, the USCIS will apply the "random selection" lottery to petitions received on the first and second days as provided for in the regulations at 8 CFR 214.2(h)(8)(ii)(B). That regulation reads:

(B) When calculating the numerical limitations for a given fiscal year, USCIS will make numbers available to petitions in the order in which the petitions are filed. USCIS will make projections of the number of petitions necessary to achieve the numerical limit of approvals, taking into account historical data related to approvals, denials, revocations, and other relevant factors. USCIS will monitor the number of petitions (including the number of beneficiaries requested when necessary) received and will notify the public of the date that USCIS has received the necessary number of petitions (the "final receipt date"). The date of publication will not control the final receipt date. When necessary to ensure the fair and orderly allocation of numbers in a particular classification subject to numerical limits, USCIS may randomly select from among the petitions received on the final receipt date the remaining number of petitions deemed necessary to generate the numerical limit of approvals. This random selection will be made via computer-generated selection as validated by the Office of Immigration Statistics. Petitions not randomly selected, and petitions received after the final receipt date, will be rejected. If the final receipt date is the same as the first date on which petitions subject to the applicable cap may be filed (i.e., if the cap is reached on the first day filings can be made), USCIS will randomly apply all of the numbers among the petitions filed on the final receipt date and the following day. (Revised 5/5/05; 70 FR 23775 ).

Posted by VisaLawyer at March 10, 2007 09:14 AM


Post a comment

Remember Me?

(you may use HTML tags for style)