The H-1B Cap Has Been Met!

Jackson Lewis P.C.
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Although it is not a surprise, the USCIS announced on April 7th that it reached the H-1B cap for fiscal year 2018 – both the regular cap and “Master’s” cap. As usual, the USCIS will reject and return filing fees for all unselected cap-subject petitions – unless any of those petitions are duplicate filings.

We do not yet know how many Cap H-1B petitions were received by the USCIS during the 5-day filing period.

The USCIS will continue to accept H-1B petitions that are not cap-subject to:

  • Extend the amount of time a current H-1B worker may remain in the United States;
  • Change the terms of employment for current H-1B workers;
  • Allow current H-1B workers to change employers; and
  • Allow current H-1B workers to work concurrently in a second H-1B position.

The Premium Processing suspension for any H-1B cases remains in effect.

For updates from the USCIS on the H-1B Cap Season, you may subscribe to email updates located on the H-1B Fiscal Year (FY) 2018 Cap Season.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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