As mentioned previously, USCIS completed the initial data entry of all 85,000 fiscal year 2018 H-1B CAP petitions that were selected for this year’s random selection process.

USCIS will now adjudicate these 85,000 petitions over the next several months. In the event that USCIS requires additional facts or documentation for one of these H-1B CAP petitions, they will issue a Request for Evidence (RFE). If a petition receives an RFE, the SWLG, P.C. team will work closely with the organization and the petition beneficiary to provide the requested information to respond promptly to the RFE. The sooner a response is submitted, the more likely it is that a petition will be adjudicated in time for an October 1, 2017 H-1B employment start date.

The heavy caseload of the H-1B CAP season means that USCIS is busy focusing its time and resources in the adjudication of these H-1B CAP petitions. This may result in backlogs for non H-1B CAP petitions. Additionally, because Premium Processing remains suspended for all H-1B petitions for a six month period which began on April 3, 2017, non-CAP H-1B petitions (such as extensions) may be subject to longer adjudication times.

If you have any further questions regarding the FY 2018 H-1B CAP, please do not hesitate to contact our offices.