APRIL 10th 2009 IMMIGRATION NEWSLETTER

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

On April 9, 2009, USCIS announced that the H-1B Cap for Fiscal Year 2010 (“FY 2010”) which begins on October 1, 2009, has not yet been reached. USCIS has received approximately 42,000 H-1B petitions counting towards the 65,000 regular Cap. This represents a huge change from last year when nearly 163,000 H-1B petitions were received during the filing period that ended on April 7, 2008. Hence, this is a great opportunity to file an H-1B petition.

In addition, USCIS has received approximately 20,000 H-1B petitions with advanced degrees (the “Master’s Cap”). However, they will continue to accept Master’s Cap H-1B petitions since in the past, experience has shown that not all of these petitions are approvable. Congress mandated that the first 20,000 H-1B Petitions with advanced degrees (applicants whose qualifying education level is a U.S. master’s degree or higher) are exempt from the 65,000 regular Cap for FY 2010. In total there is a numerical limitation of 85,000 H-1Bs available under both Caps, 20,000 under the Master’s Cap and 65,000 under the regular Cap.