H-1B visa petitions increased 6%
The number of cap subject H-1B petitions submitted for this year reached 201,011, about 6% increase from the 190,098 submitted last year, the first rise in 3 years. read more
In accordance with the new H-1B regulation, USCIS changed the computer-generated random selection process. The result was an 11% increase in advanced-degree H-1B petitions being selected in the lottery, from last year's 56% to this year's 63%.
USCIS will reject and return all unselected petitions with their filing fees, unless the petition is found to be a duplicate filing. However, USCIS will continue to accept and process petitions that are otherwise exempt from the cap.
Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at
- Institutions of higher education
- Non-profit entities related or affiliated to a higher education institution
- Non-profit research organizations or governmental research organizations
- Organizations that require the H-1B employee to work at one of the above three categories of employers
Petitions filed on behalf of current or former H-1B workers who have been counted previously against the cap, and who still retain their cap number, also do not count toward the cap. Accordingly, USCIS will continue to process fiscal year 2019 and 2020 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.
- Allow current H-1B workers to work concurrently in a second H-1B position.
- Allow recapture of the time that H-1B workers spent outside the U.S.
- Change status back to H-1B from other status like H-4 or F-1.
