APRIL 22nd 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 20, 2009, USCIS announced that the H-1B Cap for Fiscal Year 2010 ("FY 2010") which begins on October 1, 2009, has still not yet been reached. USCIS has received approximately 44,000 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, H-1B's are still available.

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.

Employment Third Preference ("EB-3") and Employment Other Worker ("OW") Immigrant Visa ("Green Card") Numbers are Unavailable for Rest of the Fiscal Year

Immigrant ("green card") visa numbers for the employment based third preference category for professional and skilled workers and third preference other workers category will become unavailable as of May 1, 2009, for the rest of the fiscal year which ends on September 30, 2009. Visa availability in these categories will resume in October 2009, the first month of the new fiscal year.

Please click on the following link for most recent information on the availability of immigrant visa numbers and priority dates for May 2009: http://travel.state.gov/visa/frvi/bulletin/bulletin_4454.html