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H1-B Visa Cap Reached, Possible Lottery

Just as we and many other sites have predicted, the H1-B visa hit its cap on Friday, April 5th, just a mere four days since the opening date on April 1st.

Even before this year's H1-B visa application season opened, there was talk of a possible lottery. USCIS, the government branch in charge of handling a large proportion of visa petitions, has done a lottery for H1-B visas in the past - most notably in 2008 when the H1-B visa cap was reached on the very first day. This year's lottery involves a computer-generated random selection process, starting first with the advanced degree petitions. USCIS announced today (Monday April 8th) that it received approximately 124,000 H-1B petitions during the filing period, including petitions filed for the advanced degree exemption.

The speed at which the H1-B visa cap was exhausted bolsters our blog posts and other media outlets' reports on the need for Comprehensive Immigration Reform. In particular, there has been numerous pushes to raise the H1-B visa cap to allow foreign talent to work for the benefit of American companies and spur productivity. John Feinblatt, Chief Policy Advisor to New York City Mayor Michael Bloomberg and Chairman of the Partnership for a New American Economy, reflected similar sentiments when he stated, "The fact that our supply of H-1B visas was exhausted so quickly is not only emblematic of our broken immigration system - it represents yet another missed opportunity to attract the world's best and brightest to our shores."

As we've stated before, some H1-B related Comprehensive Immigration Reform proposals include allowing H1-B visa holders to get green cards by investing $100,000 to start a business and hire two full-time employees. The proposed Immigration Innovation Act 3.0 will also almost double the current visa cap from 65,000 to 115,000 and allow for unlimited H1-B visas for those who have a Master's Degree from a United States University.

If you have any questions about the H1-B visa or any of your immigration issues, contact our office!

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