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

Event
September 27–29, 2026
Hinshaw Partners Discuss Key Compliance and Litigation Issues at the 2026 MBA Conference

Press Release
Sep 24, 2026
Hinshaw Recognized as a 2027 “Powerhouse in Litigation” by BTI Consulting

Press Release
Sep 22, 2026
Vaishali Rao Selected as a Global 2026 INvolve Heroes Role Model

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 23, 2026
Another Court Finds the TCPA Does Not Apply to Texts —Time for Supreme Court Intervention?

Press Release
Sep 22, 2026
Min Kang Appointed to the Washington State Bar Association Board of Governors

In The News
Sep 22, 2026
Spencer Kook Analyzes California's Liability Influence in the National Insurance Market

In The News
Sep 21, 2026
Marisa Roman Cautions Clickwrap Agreements Are Not Enough to Let Companies Off “Scot-Free”

Press Release
Sep 18, 2026
Paris Glazer Named to Chicago Daily Law Bulletin’s 2026 40 Attorneys Under Forty




