USCIS announced yesterday that it has returned all FY2019 cap-subject H-1B petitions that were not selected in the “lottery”.

 You may recall that between April 2-6, USCIS received 190,098 FY 2019 cap-subject H-1B petitions.  In May, USCIS completed its computer-generated random selection process for 20,000 US advanced degree petitions as well as the 65,000 remaining FY2019 spots. Many of these petitions were subject to requests for more evidence (RFEs).  Simple division indicates that for FY 2019, ~45% of the H-1B petitions were selected for processing, leaving ~55% (or 105,098 petitions) to be returned.

 After August 13, 2018, petitioners who timely filed their FY2019 cap-subject H-1B petitions but did not receive an I-797 Notice of Action acknowledging receipt nor their returned petition (with unused filing fees), may contact USCIS.

 To discuss this, or how to be prepared for the FY2020 cap season, please feel free to email or call Ms. Wadhwani or your Fox Rothschild contact.

Catherine Wadhwani is a partner and co-chair of the Immigration Practice Group at Fox Rothschild LLP. She may be reached at