Update on H-1B CAP Lottery System
April 2nd, 2009 by Brian D. Zuccaro
AILA liaison has provided updated information on the H-1B cap lottery system for this year’s filings. (See AILA InfoNet Doc. No. 09032560)
USCIS has confirmed that if it determines that they have received a sufficient number of cases in the first five business days of April to reach the cap, then the “lottery” will be based on petitions received all five days. USCIS will not begin to issue receipts, however, until a determination is made that sufficient H-1B petitions have been received within the first five business days of April, ending April 7, 2009. After the “lottery” is conducted, the USCIS will then issue receipts for those cases which are selected, and the receipts will likely all have the same receipt date, April 8, 2009. USCIS has indicated that guidance will be issued to explain that all petitions received between April 1, 2009, and April 7, 2009, will have the same receipt date. This is important for those F-1 beneficiaries whose OPT will expire between April 1st and April 7th so that Designated School Officers will know that an H-1B petition was timely filed and that a beneficiary may be eligible for cap-gap employment authorization or status based on the actual filing date.
As the regulation provides, if USCIS concludes that insufficient H-1B petitions have been received within the first five business days of April, USCIS will continue to receive and accept petitions until the day upon which USCIS concludes that a sufficient number of petitions is reached. USCIS will then conduct the lottery for those cases received on the last day.
Informal reports show that fewer H-1Bs will be filed this year, but it is unknown whether the cap will still be hit right away or not.
