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Thursday, December 24, 2009

2010 H-1B Cap Reached

On December 22, 2009, U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2010. The USCIS press release indicated that Dec. 21, 2009 represents the “final receipt date” for new H-1B specialty occupation petitions requesting an employment start date in FY 2010. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY 2010 that arrive after Dec. 21, 2009.

USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on Dec. 21, 2009. USCIS will use this process to select petitions needed to meet the cap. USCIS will reject, and return the fee, for all cap-subject petitions not randomly selected

Friday, December 18, 2009

Up in the Air : 2010 H-1B Numbers almost Used Up

On Tuesday, December 15th, U.S. Citizenship and Immigration Services (USCIS) announced its receipt of 64,200 filings against the 2010 H-1B cap. While USCIS continues to accept petitions, the cap may be reached before the end of the calendar year.

Employers use the H-1B visa category to employ nonimmigrant foreign workers who possess the equivalent of a U.S. bachelor’s degree for professional jobs each year. The first date that H-1B petitions will be accepted by the USCIS for employer filing for October 2010 employment is April 1st, 2010. While an economic recovery may increase the number of petitions charged against the 2011 cap in April 2010, It is unknown whether we will soon see a return to the 2008 record levels of receipts which resulted in a random selection process.