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On April 10, 2019, USCIS announced it used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated regular cap and U.S. advance degree exemption (Master’s cap) for fiscal year (FY) 2020.

USCIS received 201,011 petitions during the filing period, which began April 1, including petitions filed for the advanced degree exemption. On April 5, USCIS announced it had received enough petitions to reach the congressionally mandated H-1B regular cap of 65,000 visas. After completing the random selection process for the regular cap, USCIS also determined it had received a number of petitions projected as sufficient to meet the 20,000 H-1B visa U.S. Master’s cap.

In accordance with the new H-1B regulation, USCIS first conducted the selection process for H-1B cap-subject petitions submitted on behalf of all beneficiaries, including those who may have been eligible for the Master’s cap. USCIS then selected a number projected to reach the advanced degree exemption from the remaining eligible petitions. USCIS will reject and return all unselected petitions with their filing fees unless the petition is a prohibited multiple filing.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for concurrent 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.

For additional updates, H-1B applicants may subscribe to the H-1B Cap Season email located on the H-1B FY 2020 Cap Season page.

For more on H-1B petitions, click here.

˘ Not admitted to the practice of law.

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Photo of Martha Schoonover‡ Martha Schoonover‡

Martha J. Schoonover focuses her practice on business immigration matters and assists employers in obtaining temporary, nonimmigrant visas for business persons, managers and executives, treaty investors and traders, professionals (including researchers and scientists, engineers, computer professionals, and business professionals), exchange visitors, students, and…

Martha J. Schoonover focuses her practice on business immigration matters and assists employers in obtaining temporary, nonimmigrant visas for business persons, managers and executives, treaty investors and traders, professionals (including researchers and scientists, engineers, computer professionals, and business professionals), exchange visitors, students, and crew members working on the Outer Continental Shelf. In addition, Martha assists in obtaining labor certifications and permanent resident status for professionals, researchers, multinational managers and executives and other priority workers and in obtaining and relinquishing U.S. citizenship.

Martha represents companies facing U.S. government investigations or audits for immigration violations and prepares immigration and visa compliance programs for clients. She counsels employers on the employer sanctions and anti-discrimination provisions of the Immigration Reform and Control Act of 1986 and represents employers being audited by the U.S. Government. In addition, she assists foreign companies in obtaining vessel exemptions from the U.S. manning requirements of the U.S. Outer Continental Shelf Lands Act and in obtaining determinations from the Coast Guard that persons are not a part of the regular complement of the crew. Her practice involves appearances before and filing petitions/applications with the U.S. Department of State and its overseas posts, The U.S. Department of Labor, and the Department of Homeland Security, including U.S. Citizenship and Immigration Services and the U.S. Coast Guard. Martha has been a frequent lecturer and author for the American Immigration Lawyers Association (AILA) American Bar Association and ALI-ABA. She headed AILA’s Labor Certification Task Force from 1993 to 1995 and has served on its State Department and INS/CIS General Counsel Liaison Committees.

Admitted in the District of Columbia. Not admitted in Virginia. Practice limited to federal immigration practice.