Bad News for Some H-1B Applicants

On July 10, USCIS Service Center Operations (SCOPS) informed AILA that it has
finalized the letter notifying those cap-subject H-1B petitioners whose cases
were received on May 26 that they were not selected in the “random selection”
lottery. USCIS stated that letters will be mailed out in the next few days. The
letter will inform petitioners that fees are being refunded, but that petitions
and exhibits will be retained by USCIS for consideration at the end of the
fiscal year in the event it is determined that there has been underutilization.

SCOPS has also informed AILA liaison that three cap-subject H-1B cases that
were not selected in the “random selection” lottery conducted on May 26 were
approved in error. USCIS will be moving to reopen the approvals on service
motion for the purpose of revocation within the next few days and parties will
be notified accordingly.

On a related note: SCOPS has confirmed to AILA liaison that about 5,000 H-1B
cap cases have been moved from VSC to TSC and about 22,000 I-130s from VSC to
CSC to assist VSC move the heavy volume of H-1Bs that came in during the first
two months of the filing season. A public information notice is planned.

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