USCIS Reports that H-1B "Cap" for FY2014 has been Reached and Exceeded in just one Week
1 min read
Apr 9, 2013
In a development sure to embolden proponents of comprehensive immigrant reform, U.S. Citizenship and Immigration Services (USCIS) has announced that the annual "cap" on H-1B petitions has been reached within just one week of opening the H-1B filing period. Under current U.S. law, USCIS makes 65,000 regular H-1B visas and 20,000 advanced degree H-1B visas available starting April 1st of each year. As a result, in an annual flurry of activity, employers submit their petitions for H-1B workers on or as soon after April 1st as possible. This year, USCIS reports that it had received 124,000 H-1B cap-subject petitions by April 8th.
Therefore, on April 7, 2013, USCIS conducted a computer-generated lottery using the 124,000 petitions received. USCIS first picked 20,000 advanced degree cases, and any advanced degree petitions not selected were then thrown in with the regular H-1B cases. USCIS then picked 65,000 of the remaining cases (i.e., enough to complete the cap). Any H-1B petitions not selected during the lottery will be returned to the petitioner, along with any fees submitted. Unfortunately, there is no way for employers to immediately know whether their H-1B case(s) were selected during the lottery. Employers lucky enough to have an H-1B petition selected should begin receiving filing receipts within approximately the next week. Unselected H-1B petitions should be returned at approximately the same time.
USCIS will continue to accept only "cap-exempt" H-1B petitions throughout the year, including petitions filed to: (a) extend the amount of time a current H-1B worker may remain in the U.S.; (b) change the terms of employment for current H-1B workers; (c) allow current H-1B workers to change employers; and (d) allow current H-1B workers to work concurrently in a second H-1B position.
Topics
Related Capabilities
Featured Insights

Press Release
Oct 22, 2025
Hinshaw & Culbertson LLP Launches New Website and Refreshed Brand

Press Release
Sep 26, 2025
Hinshaw Recognized as a “Leader in Litigation” in the BTI Consulting Litigation Outlook 2026 Survey

Privacy, Cyber & AI Decoded Alert
Sep 23, 2025
Fall 2025 Regulatory Roundup: Top U.S. Privacy and AI Developments for Businesses to Track

Press Release
Sep 15, 2025
Hinshaw Achieves 2024–2025 Mansfield Rule Certification Plus Status

In The News
Sep 5, 2025
Jessica Riley Reflects in a Law360 Story on Lessons She Learned as a Junior Lawyer

Press Release
Aug 25, 2025
Trial Spotlight: Hinshaw Prevails in ERISA Fiduciary Fraud Case





