Immigration Update: USCIS reaches FY 2019 H-1B Visa Cap
Benjamin A. Nucci
Partner
USCIS has reached the 65,000 H-1B visa cap and the 20,000 visa U.S. advanced degree exemption (the “master’s cap”) for fiscal year 2019. The agency will reject and return filing fees for all unselected cap-subject petitions that are not prohibited multiple filings.
USCIS will continue to accept and process petitions that are otherwise exempt from the cap. USCIS will also continue to accept and process petitions filed 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.
Stay tuned for further updates.