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USCIS Closes H-1B Filings for New Regular Cap Cases

USCIS has received a sufficient number of new H-1B skilled worker visa petitions to reach the congressionally-mandated 65,000 H-1B visa regular cap for fiscal year 2020.

Under new USCIS procedures, USCIS now determine there are a sufficient number of new Master’s Cap H-1B petitions to meet the annual grant of 20,000 H-1B visas for beneficiaries holding a U.S. Master’s degree or Ph.D. degree.

USCIS will reject and return filing fees for all unselected cap-subject petitions that are not prohibited multiple filings.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2020 H-1B cap. USCIS will continue to accept and process 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; and
  • Allow current H-1B workers to work concurrently in a second H-1B position.

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