Litwin & Smith, A Law Corporation
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USCIS Reaches FY 2018 H-1B Cap

H1B Cap Reached

U.S. Citizenship and Immigration Services reached the 65,000 H-1B regular cap for fiscal year 2018 and 20,000 H-1B U.S. advanced degree exemption, known as the master's cap. The USCIS will reject and return all cap-subject petitions filed after April 7, 2017.

H1B Lottery

The USCIS will conduct a random selection process for the advanced degree exemption first. All unselected advanced degree petitions then became part of the random selection process for the 65,000 limit. The USCIS will reject and return filing fees for all unselected cap-subject petitions filed that are not duplicative filings. USCIS keeps the filing fees and rejects or denies duplicate filings.

U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, technology, engineering, and math.

H1B Cap Exempt Processing Continues

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. However, please keep in mind USCIS suspended premium processing April 3 for up to six months for all H-1B petitions, including cap-exempt petitions. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted toward the congressionally mandated FY 2018 H-1B cap. USCIS will 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.

Litwin & Smith, A Law Corporation

We at Litwin & Smith represent employers in most of the various industries represented around the Bay Area, across the U.S., and around the globe. We are a prestigious immigration law firm representing large and small H1B employers, employees, and their families. Our firm is a nationally recognized premiere immigration firm. We have been very successful in preparing and obtaining H1B nonimmigrant visas for employers and subsequent immigrant visas and green cards for their employees on H1B. We prepare hundreds of such petitions each year. We offer excellent service at a competitive price. Of course, price isn't everything. Timeliness, responsiveness, professionalism, and expertise are all part of providing an employer quality guidance and representation. We are known for our availability, responsiveness, timeliness, professionalism and expertise.

Please do not hesitate to contact us if you have any questions. We look forward to being of assistance.

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