• North American Logistics Group, LLC
  • The preeminent Final Mile delivery company Logistics representation from startup to international operations
  • Groom Energy Solutions, LLC
  • Merger with an affiliate of DK Energy U.S., LLC, a subsidiary of The EDF Group of France
  • Advanced Engineered Products, Inc.
  • Asset sale to Curtiss Wright Flow Control Services Corporation

H-1B Cap Reached. Lottery Date and Chances To Be Announced

Berin Romagnolo April 8, 2013

The USCIS just announced both the H-1B Cap and the H-1B Masters’ Cap (for those who have received at least a Masters’ degree from a U.S. institution) has been reached.  The USCIS will not accept any more cap-subject H-1B petitions.  The USCIS will conduct a computer-generated, random lottery to determine whose H-1B petitions will be adjudicated, and only those petitions received by Friday, April 5th will be included in the lottery.  The USCIS is expected to announce next week both when it will conduct the lottery and how many H-1B petitions will be included in the lottery (thereby allowing employers to determine their chances of having their H-1B petitions chosen in the lottery).  The H-1B Masters’ Cap lottery will be conducted first, and all those not chosen for that lottery will be included in the regular, H-1B Cap lottery.  The USCIS will return all H-1B petitions not chosen in the lottery to the employers (or their attorneys-of-record).  The filing fee checks will be returned as well.  Employers and their attorneys will then have to examine each H-1B candidate’s particular situation to find a creative solution and immigration option for that candidate’s US employment, if possible, including L-1, O-1, TN, E-3, and J-1  possibilities. 

If no solution can be found, many foreign students and employees in the U.S. may have to leave the U.S., at least for a period of time.  Generally, F-1 students (including those in Optional Practical Training (OPT) status, have 60 days after their status or OPT ends to leave the U.S.  Generally, L-1’s and TN’s have no such grace period, and their status in the US ends on their last day of employment.  The H-1B cap exhaustion is causing additional outcries for immediate immigration reform in Washington D.C., but it is uncertain as to whether any reform will be passed in time to assist with the cap dilemma.

Further information will be posted by e-alert when it becomes available. If you have any questions or need additional information regarding this, please contact Berin S. Romagnolo in our Immigration Group.

This Alert is provided for information purposes only, and does not constitute legal advice.  According to Mass. SJC Rule 3:07, this material may be considered advertising. ©2013 Posternak Blankstein & Lund LLP.  All rights reserved.

Thank you for your interest in our firm. Before sending us an email, we ask that you please confirm your understanding of the following information. Our Web site,, is intended for general use and is not legal advice. Your email is not intended to create, and our receipt of it does not create or constitute, an attorney-client relationship. Any information that you provide to anyone at our firm cannot be considered confidential or privileged unless we agree to represent you. By sending this email, you confirm that you have read and understand this notice.

Processing email...