April 15, 2008 - USCIS announced that it has conducted the random selection process for H-1B petitions filed for fiscal year 2009. USCIS conducted two random selections, first on petitions qualifying for the 20,000 "master's or higher degree" exemption, and second on the remaining advance degree petitions together with the general H-1B petitions, for the 65,000 cap.

USCIS has notified the appropriate service centers which petitions have been randomly selected, so each center may continue with final processing of the petitions. Petitioners whose properly filed petitions have been selected should receive a receipt notice dated no later than June 2, 2008. For cases selected through the random selection process and initially filed for premium processing, the 15-day premium processing period begins April 14, the day of the random selection process.

USCIS will return unselected petitions with the fees to petitioners or their authorized representatives. As previously announced by USCIS, duplicate filings will be returned without the fee. USCIS has also "wait-listed" some H-1B petitions, meaning they may possibly replace petitions that were randomly selected, but that subsequently are denied, withdrawn, or otherwise found ineligible. USCIS will send a letter to the "wait-listed" petitioners with status information.

BAL Comment: USCIS stated that approximately 163,000 petitions were received in the first five days of the eligible filing. Since only approximately half of the petitions received by USCIS will receive an actual H-1B, it is important to start working on viable alternatives as soon as it is determined that the petition was not selected. BAL will provide more information as soon as it is available.