5/24/2010

USCIS Transitions the Intake Function from the Service Centers to its Lockbox Network for Several Benefit Requests

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today announced that it will be transitioning the intake function of several more forms from the Service Centers to its Lockbox network. By centralizing form and fee intake to a Lockbox environment, USCIS will improve consistency and integrity in the intake process. The forms scheduled for the transition: • I-817, Application for Family Unity Benefits (If filing under section 301 of the Immigration Act of 1990); • I-526, Immigrant Petition by Alien Entrepreneur ; • I-539, Application to Extend/Change Nonimmigrant Status (Only those filed separately from the I-129); • I-129F, Petition for Alien Fiance ; • I-140, Immigrant Petition for Alien Worker. The transition will start mid-May with the Service Centers forwarding applications to the USCIS Dallas and Phoenix Lockbox facilities for processing. In June, USCIS will post the revised filing instructions, update the web page for each form, and announce the address change with a USCIS Update. Throughout the transition period and up to the point where USCIS formally announces the new filing addresses, customers with concerns should contact the National Customer Service Center at 1-800-375-5283.

5/20/2010

Nonimmigrant Visa Application Fees to Increase June 4

Washington, DC On May 20, 2010, the Department of State published an interim final rule in the Federal Register to increase nonimmigrant visa application processing fees, also called the Machine-Readable Visa (MRV) fee, and Border Crossing Card (BCC) fees. The interim final rule also establishes a tiered structure with separate fees for different nonimmigrant visa categories. The new fees are scheduled to go into effect on June 4, 2010. The Department is increasing fees to ensure sufficient resources to cover the rising cost of processing nonimmigrant visas. This increase applies both to nonimmigrant visas placed in passports and to border crossing cards issued to certain applicants in Mexico. The new, tiered fee structure was created to cover the higher unit costs for processing certain categories of nonimmigrant visas that are more complicated and require more in-depth consideration than most other categories of nonimmigrant visas. The Department is required to recover, as far as possible, the cost of processing nonimmigrant visas through the collection of the application fees. For a number of reasons, including new security enhancements, the $131 fee set on January 1, 2008 no longer covers the current, actual cost of processing nonimmigrant visas. Under the new schedule of fees, applicants for all visas that are not petition-based, including B1/B2 tourist and business visitor visas and all student and exchange visitor (F, M and J) visas, will pay a fee of $140. Applicants for petition-based visas will pay an application fee of $150. These categories include: • H visa for temporary workers and trainees • L visa for intracompany transferees • visa for aliens with extraordinary ability • P visa for athletes, artists and entertainers • Q visa for international cultural exchange visitors • R visa for religious occupations The application fee for K visas for fiancé(e)s of U.S. citizens will be $350. The fee for E visas for treaty-traders and treaty investors will be $390.

5/11/2010

USCIS To Issue Redesigned Green Card Questions and Answers

U.S. Citizenship and Immigration Services (USCIS) announced today that it has redesigned the Permanent Resident Card—commonly known as the “Green Card”—to incorporate several major new security features. Beginning today, USCIS will issue all Green Cards in the new, more secure format. The Green Card redesign is the latest advance in USCIS’s ongoing efforts to deter immigration fraud. State-of-the-art technology prevents counterfeiting, obstructs tampering, and facilitates quick and accurate authentication of the card. The enhanced features will better serve law enforcement, employers, and immigrants, all of whom look to the Green Card as definitive proof of authorization to live and work in the United States. Secure optical media store biometrics for rapid and reliable identification of the card holder. Holographic images, laser engraved fingerprints, and high resolution micro-images make the card nearly impossible to reproduce. Tighter integration of the card design with personalized elements makes it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability allows Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a preprinted return address enables the quick and easy return of a lost card to USCIS. After the redesign, the card is now colored green. Recipients of the redesigned card will include those newly approved for lawful permanent residency, as well as those who have sought a renewal or replacement card. Some existing Green Cards bear an expiration date, and those cards will remain valid until they expire. Holders of those cards will receive the redesigned version when seeking a renewal or replacement. Other existing Green Cards have no expiration date, and those cards remain valid. USCIS recommends that holders of cards without an expiration date apply to replace their cards with the redesigned version. The current cost of renewing or replacing a Green Card is $370. Additionally, eligible permanent residents may choose to explore becoming a naturalized U.S. citizen. For more information on eligibility for naturalization, go to www.uscis.gov/citizenship.

4/8/2010

USCIS Continues to Accept FY 2011 H-1B Petitions

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today announced it continues to accept H-1B nonimmigrant petitions subject to the Fiscal Year 2011 (FY 2011) cap. USCIS will monitor the number of petitions received for both the 65,000 general cap and the 20,000 U.S. master’s degree or higher educational exemption. USCIS has received approximately 13,500 H-1B petitions counting toward the 65,000 cap. The agency has received approximately 5,600 petitions for individuals with advanced degrees. USCIS will provide regular updates on the processing of FY 2011 H-1B petitions. These updates and helpful filing information can be found at USCIS’ Web site. Should USCIS receive the necessary number of petitions to meet the cap, it will issue an update to advise the public, that the FY 2011 H-1B cap has been met as of a certain date (the “final receipt date”). The final receipt date will be based on the date USCIS physically receives the petition, not the date that the petition has been postmarked. The date USCIS informs the public that the cap has been reached may differ from the actual final receipt date. To ensure a fair system, USCIS may randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap subject petitions that are not selected, as well as those received after the final receipt date. For cases filed for premium processing during the initial five-day filing window of April 1-7, the 15-day premium processing period began April 7. For cases filed for premium processing after the filing window, the premium processing period begins on the date that the petition is physically received at the correct USCIS Service Center.

4/1/2010

USCIS Announces Revised Forms I-600 and I-600A

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced that it has published new versions of the Petition to Classify Orphan as an Immediate Relative, Form I-600 and the Application for Advance Processing of Orphan Petition, Form I-600A . The new date on the bottom of both forms is “12/30/09 N.” Due to the changes on the forms, previous versions will no longer be accepted after a 60 day transition period. Beginning today, April 1, 2010, until June 2, 2010, USCIS will provide a transition period during which previous versions of the forms will continue to be accepted. After June 2, 2010, only the 12/30/09 version of these forms may be used. If someone attempts to file any previous version of either form after June 2, 2010, USCIS will reject the filing. The rejected form, supporting evidence, and any filing fee will be returned with a copy of the 12/30/09 version so that the person can file using the correct form. USCIS has modified the forms to be more user-friendly and to permit prospective adoptive parents to request accommodations for disabilities or impairments during interviews.

3/22/2010

Change of Filing Location for Form I-131, Application for Travel Document

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today announced revised filing instructions and addresses for applicants filing an Application for Travel Document (Form I-131). The change of filing location is part of an overall effort to transition the intake of some USCIS forms from USCIS local offices and Service Centers to USCIS Lockbox facilities. By Centralizing form and fee intake to a Lockbox environment, the agency can provide customers with more efficient and effective initial processing of applications and fees. Beginning March 19, 2010 applicants will file their applications at the USCIS Vermont Service Center or at one of the USCIS Lockbox facilities. Detailed guidance can be found in updated Form I-131 instructions page at www.uscis.gov. The USCIS Service Centers will forward incorrectly filed Form I-131 applications to the USCIS Lockbox facilities for 30 days, until Monday, April 19, 2010. After April 19, 2010, incorrectly filed applications will be returned to the applicant, with a note to send the application to the correct location.

3/16/2010

USCIS Launches 'The Beacon - The Official Blog of USCIS'

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) recently unveiled The Beacon – the agency’s official blog and newest tool that provides immigration-related information and fosters an open dialogue with the public. The Beacon provides an important resource for information about USCIS as well as a forum through which readers can engage USCIS staff and others who are interested in immigration and naturalization issues. Readers are encouraged to submit comments, ideas, concerns and constructive criticism.

3/10/2010

USCIS Reminds Petitioners to Provide Approved Labor Condition Applications

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it will not extend the period in which it temporarily accepted H-1B petitions filed with uncertified Labor Condition Applications (LCAs). Due to processing delays associated with Department of Labor’s (DOL) “iCERT” system, USCIS responded to requests from the public and temporarily allowed H-1B petitions to be filed with uncertified LCAs. This temporary measure went into effect on November 5, 2009 and expired on March 9, 2010. As of March 10, 2010, USCIS will reject any H-1B petition filed without an LCA certified by DOL.

3/2/2010

USCIS Revises Filing Instructions for Form I-824, Application for Action on an Approved Application or Petition

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today announced an addition to the recently posted filing instructions for the Application for Action on an Approved Application or Petition, Form I-824. The revised instructions include a note in the “Where to File” section, to clarify that applicants who are filing Form I-824 concurrently with another form, should mail their applications according to the filing instructions on the other form. As a result, USCIS Service Centers have extended the period of time during which they will forward all Form I-824 applications to the Lockbox facility, until March 31, 2010. After March 31, 2010, the Service Centers will return any incorrectly filed Form I-824 applications with instructions to send the application to the correct location. When filing Form I-824 at a USCIS Lockbox facility, applicants may elect to receive an email and/or text message notifying them that USCIS has accepted their application. To receive notification, applicants must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of their application.

2/24/2010

Change of Filing Location for Form I-765, Application for Employment Authorization

Change of Filing Location for Form I-765, Application for Employment Authorization WASHINGTON February 24, 2010- U.S. Citizenship and Immigration Services (USCIS) today announced revised filing instructions and addresses for applicants filing an Application for Employment Authorization (Form I-765). The change of filing location is part of an overall effort to transition the intake of some benefit forms from Service Centers to USCIS Lockbox facilities. Centralizing form and fee intake allows USCIS to provide the public more efficient and effective initial processing of applications and fees. Beginning February 24, 2010 applicants must now submit Form I-765 to one of the USCIS Lockbox facilities or the USCIS Vermont Service Center, based on the classification under which they are filing. Detailed guidance can be found in updated Form I-765 instructions as well as at www.uscis.gov. The Service Centers will forward incorrectly filed applications to the USCIS Phoenix and Dallas Lockbox facilities for the first 30 days, until March 26, 2010. After March 26, 2010, applications incorrectly filed at USCIS Service Centers will be returned to the applicant, with a note to send the application to the correct location.

2/22/2010

Change of Filing Location for Form I-102, Application for Replacement/Initial Nonimmigrant Departure Document

WASHINGTON February 22, 2010—U.S. Citizenship and Immigration Services (USCIS) today announced revised filing instructions and addresses for applicants filing an Application for Replacement/Initial Nonimmigrant Arrival-Departure Document (Form I-102). The new form is dated 1/13/10. This is part of an overall effort to transition the intake of benefit forms from Service Centers to USCIS Lockbox facilities. Centralizing form and fee intake to a Lockbox environment allows USCIS to provide customers with more efficient and effective initial processing of applications and fees. Beginning February 22, 2010, applicants submitting Form I-102 by itself must mail their application to the USCIS Phoenix or Dallas Lockbox facility, based on where they are located. Detailed guidance can be found in updated Form I-102 instructions at which can be accessed through the Form I-102 link to the right. Applicants submitting their Form I-102 with another form should submit both forms according to the filing instructions for the other form. NATO and Partnership for Peace under SOFA Military Members seeking an initial Form I-94 should submit their application through their foreign commander or designee, to NATO/Headquarters, Supreme Allied Commander Transformation at NATO/HQ SACT, 7857 Blandy Road, Suite 100, ATTN: Legal Affairs, Norfolk, VA 23551-2490. The Service Centers will forward mail to the USCIS Phoenix and Dallas Lockbox facilities for 30 days until March 24, 2010. After March 24, 2010, applications incorrectly filed at the Service Centers will be returned to the applicant, with a note to send the application to the correct location.

2/19/2010

Change of Filing Location for Form I-824, Application for Action on an Approved Application or Petition

WASHINGTON February 19, 2010- U.S. Citizenship and Immigration Services (USCIS) today announced revised filing instructions and addresses for applicants filing Form I-824, Application for Action on an Approved Application or Petition. The new form is dated 12/11/09. The changes are part of an overall effort to transition the intake of benefit forms from USCIS local offices and Service Centers to USCIS Lockbox facilities. Centralizing form and fee intake to a Lockbox environment allows USCIS to provide customers with more efficient and effective initial processing of applications and fees. Beginning February 19, 2010, applicants must file Form I-824 with a USCIS Lockbox facility, based onwhich Service Center or local office approved their original petition or application. Detailed guidance is available in the updated Form I-824 instructions. USCIS Service Centers will forward all Form I-824 applications to the Lockbox facility for the next 30 days. After March 21, 2010, the Service Centers will return any incorrectly filed Form I-824 applications with instructions to send the application to the correct location.

1/13/2010

Washington—U.S. Citizenship and Immigration Services (USCIS) today issued updated guidance to adjudication officers clarifying the requirements to establish an employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification. The memorandum addresses scenarios involving independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites.

An employer who seeks to sponsor a temporary worker in an H-1B specialty occupation is required to establish a valid employer-employee relationship. USCIS has defined such a relationship to hinge on an employer’s right to control the means and manner in which the work is performed. The guidance memorandum lists a variety of factors to be considered when evaluating the petitioner’s right to control the beneficiary, including the manner and extent to which the petitioner actually supervises the beneficiary; the petitioner’s right to control the beneficiary’s daily work and work product; and the petitioner’s right to hire, pay and fire the beneficiary. Accordingly, adjudicators must review the totality of circumstances when making a final determination of whether the employer-employee relationship exists.
The memorandum also discusses examples of evidence the petitioner may submit in order to establish that an employer-employee relationship exists and will continue to exist throughout the duration of the requested H-1B validity period. Examples of that evidence include a complete itinerary of services or engagements, a signed employment agreement with the beneficiary, and/or relevant portions of valid contracts statements of work, work orders, or service agreements with the end-user client.
The guidance memorandum does not change any current requirements for an H-1B petition, such as the requirement that beneficiary come to the U.S. to work temporarily in a specialty occupation; that the beneficiary is qualified for that position; and that a Labor Condition Application (LCA) specific to each location where the beneficiary will be working be filed with the Department of Labor.
Please contact us to seek clarification.

12/30/2009

No Subject

On December 30, 2009, USCIS announced that The Department of Homeland Security (DHS) will extend Temporary Protected Status (TPS) for 18 months, through Nov. 2, 2011, to eligible nationals of Sudan and people having no nationality who last habitually resided in Sudan. This extension does not apply to Sudanese who entered the United States after Oct.7, 2004. Certain nationals of Sudan who have not previously applied for TPS may be able to apply under the late initial registration provisions. Further details on this extension of TPS for Sudan appear in the Federal Register Notice.

12/11/2009

DOS Advance Copy of Proposed Rule on Schedule of Fees for Consular Services.

On 12/11/09, DOS issued an advance copy of a proposed rule that amends the schedule of fees for consular services for nonimmigrant visa application and border crossing card processing fees. The rule raises the application processing fee for most non-petition-based nonimmigrant visas and adult border crossing cards. This item will be posted in the Federal Register on 12/14/09.

12/10/2009

CBP Launches H2 Temporary Worker Exit Pilot Program in Arizona

Washington – U.S. Customs and Border Protection launched on Tuesday, December 8 a pilot program for exiting H-2A/B temporary workers. The program will be tested at San Luis and Douglas land ports of entry in Arizona and it is expected to last approximately one year. The goal is to ensure that temporary workers comply with the requirement to leave the country when their work authorization expires. The program will also help secure U.S. borders more effectively and streamline existing guest worker programs.H-2A and H-2B visas are issued to temporary seasonal workers. H-2A visas allow foreign nationals to temporarily work in agricultural jobs while H-2B visas allow temporary work in non-agricultural jobs. To verify final departure from the United States, H-2A/B non-immigrant temporary workers will be required to scan their visa and their fingerprints and return their I-94, Arrival/Departure form, at an exit kiosk located at the port of departure. Under the pilot program, travelers admitted under H-2A/B non-immigrant visa classifications at San Luis or Douglas ports of entry must also depart through one of the two designated ports. The kiosk will provide instructions in English and Spanish.

12/4/2009

DOL Notice on Prevailing Wage Determination Request Process Changes.

The Department of Labor (Department) is providing notice that, in accordance with its labor certification regulations, as of January 1, 2010, the Office of Foreign Labor Certification (OFLC) National Prevailing Wage and Helpdesk Center (NPWHC) in Washington, DC, will receive and process prevailing wage determination (PWD) requests for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs. In addition, the Department is providing guidance about the implementation of the issuance of PWDs for applications in the Commonwealth of the Northern Mariana Islands (CNMI). This Notice is effective November 28, 2009, for PWD requests for job opportunities in the Commonwealth of the Northern Mariana Islands; and January 1, 2010, for all other PWD requests.

11/27/2009

H-1B Cap Count November 27 2009

As of November 27, 2009, approximately 58,900 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

11/20/2009

USCIS Opens New Verification Operations Center in Buffalo, N.Y.

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) officially opened a new Verification Operations Center in Buffalo, N.Y., today. The Center employs about 135 people and is dedicated solely to USCIS’ verification mission.The Center’s personnel will perform immigration status verification checks and conduct monitoring and compliance activities in support of USCIS’ E-Verify and Systematic Alien Verification for Entitlements (SAVE) programs. The facility is located in the Bank of America Building in downtown Buffalo.

11/5/2009

USCIS Revises Form I-693, Report of Medical Examination and Vaccination Record

USCIS has revised Form I-693, Report of Medical Examination and Vaccination Record (Revision Date 10/14/09/Expiration Date 10/30/11) based on the Department of Health and Human Services (HHS), Centers for Disease Control and Prevention (CDC)'s Update to the Tuberculosis (TB) Component of the Technical Instructions for the Medical Examination of Aliens in the United States (TB Component of the Technical Instructions), effective November 1, 2009. USCIS anticipated the update and revised Form I-693 to bring the form in accordance with this update to the TB Component of the Technical Instructions. The new version of Form I-693 (Edition October 14, 2009) and its filing instructions can be found at www.uscis.gov.Under the previous version of the Form I-693 (Edition June 5, 2008), a civil surgeon was directed to use the Tuberculin Skin Test (TST) as an initial testing method to determine whether the applicant had cell-mediated immune reactivity to Mycobacterium tuberculosis. With the Update to the TB Component of the Technical Instructions, and under the revised version of the Form I-693, a civil surgeon may now administer an interferon gamma release assay (IGRA) in place of a TST.Current acceptable IGRAs for the change of status examination are: QuantiFERON® TB Gold, QuantiFERON® TB Gold In Tube, and the T-Spot® TB test. If the CDC adds additional IGRAs, it will post an announcement on its website. A copy of the Update to the TB Component of the Technical Instructions can be accessed on CDC's website at http://www.cdc.gov/ncidod/dq/civil.htm (click on Technical Instructions for TB or Updates).Civil surgeons may continue to use the June 5, 2008 edition of Form I-693 until January 1, 2010 but only if the civil surgeon uses the TST test as an initial screening method for TB. If an IGRA is used as a means to initially screen for TB infection, the civil surgeon must submit the results of the medical examination on Form I-693 (Edition October 14, 2009). The civil surgeon may not provide the results of the IGRA on Form I-693 (Edition June 5, 2008). Beginning on January 1, 2010, the civil surgeon must use the October 14, 2009 edition of Form I-693 to record the results of the medical exam, irrespective of the TB screening test used.

11/5/2009

USCIS Update: Temporary Acceptance of H-1B Petitions Without Department of Labor Certified Labor Condition Applications (LCAs)

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) is announcing a 120-day period in which it will temporarily accept H-1B petitions filed without Labor Condition Applications (LCAs) that have been certified by the Department of Labor (DOL).USCIS has received requests from the public to accept H-1B petition filings that include LCAs that have been filed with DOL but that DOL has not yet certified. Processing delays arising from DOL’s recently implemented “iCERT” system have resulted in increased processing times (beyond 7 days) for certain LCA certifications. Affected employers and beneficiaries have reported being negatively impacted by DOL’s increased processing times which currently delays their ability to file H-1B petitions with USCIS. DOL expects that the current increase in LCA processing times is temporary.As a public accommodation, USCIS will begin to accept H-1B petitions filed with uncertified LCAs for a 120-day period, commencing November 5, 2009 and through March 4, 2010. However, USCIS will only accept such H-1B petitions if they are filed at least 7 calendar days after the LCAs were filed with DOL and include evidence of these filings.The only acceptable evidence of filing is a copy of DOL’s email giving notice of receipt of the LCA.Petitioners who seek to take advantage of this temporary flexibility in the normal filing procedures for H-1B petitions must wait until they receive a request for evidence (RFE) before they submit the DOL-certified LCA to USCIS in support of the H-1B petition. USCIS will give petitioners a period of 30 calendar days within which they must send in a DOL certified LCA in response to the RFE. USCIS will only approve H-1B petitions that include certified LCAs.

11/1/2009

Questions and Answers: 2009 Update to the Tuberculosis Screening Required for Adjustment of Status

These Questions and Answers only provide information about the assessment by the civil surgeon to determine whether an applicant has been infected with TB and address the most recent updates to the Tuberculin (TB) Component of the Technical Instructions for the Medical Examination of Aliens in the United States.The Department of Health and Human Services (HHS), Centers for Disease Control and Prevention (CDC), on Nov. 1, 2009, updated the Tuberculosis Component of the Technical Instructions for the Medical Examination of Aliens in the United States (May 2008). This update is available on CDC's Web site, see the "CDC: Technical Instructions for Civil Surgeons" link to the right. This update makes the traditional Tuberculin Skin Test (TST), and as of Nov. 1, 2009, the QuantiFERON®-TB Gold (QFT-G) Test, the QuantiFERON®- TB Gold in Tube (QFT-G IT) test, and the T-Spot TB test available for TB testing. USCIS anticipated this change and made the necessary amendments to Form I-693, Report of Medical Examination and Vaccination Record.The civil surgeon is required to comply with the Technical Instructions for the Medical Examination of Aliens in the United States (Technical Instructions), and any updates, issued by the CDC. The update to the TB Component of the Technical Instructions is effective and applies to the completion of any medical assessment made on or after Nov. 1, 2009. The update supplements the Tuberculosis Component of the Technical Instructions for the Medical Examination of Aliens (May 2008) (TB Component of the Technical Instructions); it does NOT replace it.The screening for TB is one part of the medical examination only; the civil surgeon has to screen an applicant for other conditions that render an applicant inadmissible to the United States. These conditions include other communicable diseases of public health significance, as defined in the Department of Health and Human Services’ (HHS) regulations at 42 CFR part 34; mental and physical disorders with associated harmful behaviors; and drug abuse or drug addiction. The civil surgeon also has to assess whether the individual has received vaccinations against vaccine preventable diseases, and administer appropriate vaccines, as required by HHS.For more information about the medical examination, visit www.USCIS.gov

2/8/2009

H-1B Cap Count December 8 2009

As of December 8, 2009, approximately 61,500 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

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