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H-1B Cap update – USCIS reports 233,000 H-1B petitions received

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News Release from Jewell & Associates, PC On April 7 USCIS announced that it received approximately 233,000 H-1B petitions in the filing period that began on April 1. Today USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the cap. USCIS says that it conducted the selection process for the 20,000 set-aside for beneficiaries with U.S. advanced degrees first; all advanced degree petitions not selected were then made part of the random selection process for the 65,000 limit. Any petitions not randomly selected will be rejected and returned with the filing fees.

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Certain H-4 spouses to be eligible to apply for employment authorization starting May 26, 2015

USCIS announced that, starting Tuesday, May 26, 2015, it will accept applications for employment authorization from certain H-4 spouses of H-1B nonimmigrants in the employment-based lawful permanent residence (green card) process. An H-4 spouse of an H-1B nonimmigrant will be eligible to apply for an Employment Authorization Document (EAD) if the H-1B nonimmigrant:

  • Is the beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
  • Has been granted an H-1B extension beyond the six-year limit under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC-21), as amended. Sections 106(a) and (b) of AC21 refer to H-1B extensions based on the filing of a PERM or I-140 at least one year before the end of the H-1B nonimmigrant’s six-year limit, where no final decision to deny the PERM, I-140, or permanent residence has been made.