USCIS announced on May 4, 2007 that it has received enough H-1B petitions requesting exemptions from the fiscal year 2008 (FY 2008) H-1B cap for “foreign workers who have earned a master’s degree or higher from a U.S. institution of higher education” to meet the congressionally mandated exemption limit of 20,000. USCIS has determined that the final receipt date for these exempt H-1B petitions is April 30, 2007. USCIS will reject petitions requesting a FY 2008 H-1B cap for workers with a master’s or higher degree earned from a U.S. institution of higher education that are received on or after May 1, 2007 unless the petition is otherwise eligible for a separate cap exemption.

USCIS will subject H-1B petitions received on the April 30 that request an exemption from the H-1B cap based on the worker holding a U.S. Master’s or higher degree to a computer generated random selection process. USCIS will reject those filings not randomly selected and return them along with the filing fee(s) unless another basis for an H-1B cap exemption exists.

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