H-1B CAP UPDATE

On May 3, 2017, the USCIS announced that it completed the data entry for the 2017 (FY 2018) H-1B cap season.  MU Law believes that it has received all of the H-1B receipts that it will receive this year.  Our in-house receipt numbers mirror the overall 42% receipt number.

H-1B Cap Approval Notices and RFEs.  Last week, Musillo Unkenholt received its first 2017 H-1B cap approval notices.  We have also received our first 2017 H-1B cap Requests for Evidence.  It is unclear how long it will take the USCIS to issue approvals and RFEs for the H-1B cap cases. 

H-1B Returned Petitions.  Musillo Unkenholt has not yet received any returned H-1B cap-subject petitions from USCIS.  Last year, we continued to receive unselected petitions into August.  Our hope is that the USCIS will be faster in light of the 20% decline in H-1B cap petition filings. 

H-1B Premium Processing.  What is also unknown is the state of the Premium Processing Service (PPS) for H-1B petitions.  In March the USCIS revealed that it would be suspending PPS for all H-1B petitions, including cap-subject, amendments, and extensions, for as long as 6 months.  A 6-month suspension of H-1B PPS means that H-1B PPS could be suspended until October 1, 2017.  USCIS has made no announcement as to whether it will shorten the H-1B PPS suspension since so few H-1B cap petitions were filed.