It has been announced that the USCIS will NOT be holding a lottery of H-1B cap-subject cases filed on the final day of filing for fiscal year 2012 (FY12). The cap for FY12 was reached on November 22, 2011. The USCIS typically does not have sufficient cap numbers for all cases filed on the final cap day and, therefore, must select the last cases using a random lottery. This is not the case for FY12.

This is good news for individuals with H-1B cases filed on November 22, 2011. Since there will not be a lottery, this means that there are enough cap numbers to apply to all cases filed through November 22, 2011. Of course, simply filing on time does not guarantee approval. Each case filing must contain all required forms and supporting documents demonstrating eligibility for the H-1B category.