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Legal Updates
USCIS Releases H-1B Cap Filing Update (4/11/2008)

U.S. Citizenship and Immigration Services (USCIS) confirmed on April 10, 2008, that they received about 163,000 H-1B petitions for Fiscal Year (FY) 2009, of which more than 31, 200 were for the advanced degree category. Of the total 65,000 H-1B vases available for FY 2009, there are 65,000 visas available for regular cap-subject H-1B cases, of which 20,000 visas are for holders of U.S. advanced degrees from US universities.

USCIS will first conduct a computer-generate lottery to select 20,000 cases filed on behalf of foreign nationals who hold advanced degrees from U.S. universities. Those cases not chosen in the advanced-degree lottery will be put into the lottery for the regular cap-subject H-1B quota. Cases that are not chosen in a lottery will be rejected and the filing fees will be returned, unless found to be a duplicate filing, in which case all petitions filed by that employer for the same employee will be denied.

Please note that this lottery process could take several weeks. However, we will continue to monitor the lottery process and will provide an update as soon as there is any additional information available.

 
 
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