APRIL 8th 2009 IMMIGRATION NEWSLETTER

H-1B Petitions Subject to the Fiscal Year 2010 Cap Are Still Being Accepted By USCIS

USCIS today announced that the H-1B Cap for Fiscal Year 2010 (“FY 2010”) which begins on October 1, 2009, has not yet been reached. USCIS shall continue to accept H-1B nonimmigrant visa petitions subject to the fiscal year 2010 cap. As of today’s date, H-1B petitions received between April 1st and April 7, 2009, the first five business days of the FY 2010 filing period, should be accepted for processing and should not be placed in a random selection lottery.

In the event USCIS receives the necessary number of H-1B petitions it will issue an update to the public that the respective cap has been reached on a particular date (the “final receipt date”). Any H-1B petitions received on the final receipt date shall be placed in a random selection lottery to ensure there is a fair system on the final receipt date.