H-1B Petitions - Random Selection Process

USCIS RUNS RANDOM SELECTION PROCESS FOR H-1B PETITIONS
WASHINGTON

U.S. Citizenship and Immigration Services (USCIS) today conducted the computer-generated random selection processes on H-1B petitions, to select which H-1B petitions for fiscal year 2009 (FY 2009) would continue to full adjudication. If approved these H-1B petitions will be eligible to receive an H-1B visa number.

USCIS conducted two random selections, first on petitions qualifying for the 20,000 “master’s or higher degree” (advanced degree) exemption, and second on the remaining advance degree
petitions together with the general H-1B pool of petitions, for the 65,000 cap.

The approximately 163,000 petitions received on the first five days of the eligible filing period for FY 2009 (April 1 through April 7, 2008) were labeled with unique numerical identifiers. USCIS has notified the appropriate service centers which numerical identifiers have been randomly selected, so each center may continue with final processing of the petitions associated with those numerical identifiers.

Petitioners whose properly filed petitions have been selected for full adjudication should receive a receipt notice dated no later than June 2, 2008. USCIS will return unselected petitions with the fee(s) to petitioners or their authorized representatives. As previously announced, duplicate filings will be returned without the fee. The total adjudication process is expected to take approximately eight to ten weeks.

For cases selected through the random selection process and initially filed for premium processing, the 15-day premium processing period begins today (April 14), the day of the random selection process.

USCIS has “wait-listed” some H-1B petitions, meaning they may possibly replace petitions chosen to receive an FY-2009 cap number, but that subsequently are denied, withdrawn, or otherwise found ineligible. USCIS will retain these petitions until a decision is made whether they will replace a previously selected petition. USCIS will send a letter to the wait list petitioners to inform them of their status. USCIS expects that for each of these wait-listed petitions, it will either issue a receipt notice or return the petition with fees within six to eight weeks.

US Immigration Adjustment of Status Improvement

If you have petitioned for US immigration adjustment status adjustment in months past, you know the delays have been caused primarily by the FBI name check report to USCIS.

On February 4th, 2008 USCIS issued a memorandum directing officers to approve I-485 adjustment immigration petitions if they are otherwise approvable and the name check has been pending for more than 180 days. If your petition is approvable, the priority dates are current and the FBI check has been pending for more than 180 days, the officers may now go ahead and approve the petition without waiting for the FBI name check.

The memorandum also states that if adverse information is later received from the FBI, USCIS will determine whether rescission of the approval or deportation are in order. USCIS has already ordered that its offices do searches for files that are approvable but for the FBI name check. Therefore, if your petition has been stalled because of the name check report, your petition will likely be adjudicated shortly.

You may wish to contact your immigration attorney for more information.

Immigration Attorney

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