From: Federal Employment Law Articles
United States Citizenship and Immigration Services (USCIS)
announced that 58,900 H-1B petitions have been filed toward the
2010 Fiscal Year (FY 2010) cap of 65,000 as of November 27, 2009.
Employers are urged to act quickly to file H-1B petitions for any
individuals subject to the H-1B cap, such as: F-1/J-1 employees
(especially those whose employment authorization will expire before
September 30, 2010); prospective employees currently outside of the
Unites States; and employees currently working in another
time-limited visa classification (such as L-1B or TN).
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Related Articles
FY2010 H-1B Visa Cap Reached.
On December 22, 2009, United States Citizenship and Immigration
Services (USCIS) announced that as of December 21, 2009, it has
received enough H-1B petitions to meet the H-1B cap for Fiscal Year
2010 (beginning on October 1, 2009). In addition, USCIS has
approved all 20,000 visa petitions needed to meet the U.S.
masterÂ’s degree cap. USCIS will conduct a random
lottery for all cap-subject petitions received on December 21,
2009, and will reject all cap-subject petitions not randomly
selected or received after December 21, 2009.
H-1B Visa Numbers Still Available for FY2010.
H-1B visa numbers remain available for Fiscal Year FY 2010, many
believe due to the economic downturn. U.S. Citizenship and
Immigration Services USCIS has announced that, as of June 19, 2009,
approximately 44,500 H-1B cap subject petitions have been received
and counted towards the 65,000 H-1B cap. Approximately 20,000
petitions qualifying for the advanced degree cap exemption have
been received. Until USCIS announces that the respective caps have
been met, employers can continue to file H-1B temporary worker
petitions for foreign nationals requesting an employment start date
on or after October 1, 2009. The continued availability of H-1B
visa numbers comes in stark contrast to last year when the H-1B
caps were reached within the first five business days of filing. pa
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H-1B Cap for Fiscal Year 2010 Has Been Reached.
U.S. Citizenship and Immigration Services (USCIS) has announced
that, as of December 21, 2009, there are sufficient cap-subject
H-1B petitions in the pipeline to fill the fiscal year 2010 quota.
USCIS has also received more than 20,000 H-1B petitions on behalf
of persons exempt from the cap under the advanced degree exemption.
Petitions received after December 21 will be rejected. Those cases
received on December 21 will be subject to a computer-generated
random selection process.
USCIS Releases Updated Information on Filed H-1B Petitions.
On June 23, 2009, U.S. Citizenship and Immigration Services USCIS
released updated information on H-1B non-immigrant visa petitions
for Fiscal Year 2010 beginning October 1, 2009, stating that as of
June 19, 2009, it has received only 44,500 of the 65,000 H-1B
non-immigrant visa petitions needed to meet the H-1B regular cap,
but almost all of the visa petitions needed to meet the U.S.
master's degree cap of 20,000. H-1B petitions will no longer be
accepted after the final receipt date. USCIS will hold a lottery
for the petitions received on the last day that filings are
accepted. pa
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H-1B Updates Cap Status and iCERT Delays Possible.
A depressed job market seems to be keeping the H-1B cap from being
reached. Very few cap-subject H-1B petitions have been filed since
the initial April 1-7 filing period for the 2010 H-1B cap. In fact,
the most recent report from United States Citizenship and
Immigration Services USCIS indicated that 44,400 petitions had been
received toward the 65,000 H-1B cap as of June 12 this is fewer
than the number that had been received as of mid-May, when USCIS
reported that 45,000 petitions had been received. Once again, the
current pace of H-1B filings suggests that employers will have the
opportunity to file cap-subject H-1Bs for several more months.
USCIS posts periodic updates to its website and Ogletree Deakins
will continue to monitor and report on H-1B cap figures. pa
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