TheUSCIS has reached the statutory H-1B cap of 65,000 for fiscal year 2014 (H-1BRegular Cap). USCIS has also received more than 20,000 H-1B petitions filed onbehalf of persons exempt from the cap under the advanced degree exemption (H-1BMasters Cap). This is the first year since FY 2008 that the cap has beenreached so quickly.
USCISreceived approximately 124,000 H-1B petitions during the filing period,including petitions filed for the advanced degree exemption. On April 7, 2013,USCIS used a computer-generated random selection process (commonly known as a“lottery”) to select a sufficient number of petitions needed to meet the capsof 65,000 for the general category and 20,000 under the advanced degreeexemption limit. For cap-subject petitions not randomly selected, USCIS willreject and return the petition with filing fees, unless it is found to be aduplicate filing.
F-1 students who wish to use the “cap-gap” rulesmust be lottery winners. F-1 students who do not win the lottery must exit theUS at the conclusion of their F-1 period.