Immigration Services

USCIS is Still Accepting H-1B Petitions for FY2010
April 9, 2009

U.S. Citizenship and Immigration Services (USCIS) announced today that it has received approximately 42,000 H-1B petitions that are being counted against the Congressionally mandated cap of 65,000 for fiscal year 2010 (FY2010).  In addition, USCIS also announced that it has received approximately 20,000 H-1B petitions filed on behalf of individuals who possess a U.S. master’s degree or higher.  USCIS is able to allocate 20,000 H-1B visa numbers to individuals who possess a master’s or higher degree from a U.S. university.  Although the numbers near the 20,000 H-1B visa number allocation, USCIS will continue to accept H-1B petitions for individuals who possess a U.S. master’s degree or higher as not all H-1B petitions filed are approvable.

U.S. employers can continue to file new H-1B petitions that are subject to the annual cap until USCIS announces that it has received a sufficient number of petitions to meet the 65,000 and 20,000 H-1B cap.  On the cut-off date, USCIS will randomly select H-1B petitions that were filed on that cut-off date.  Any petitions filed prior to the cut-off date will be allocated an H-1B visa number if USCIS approves the petition. 

We will keep you informed of any developments with respect to the H-1B cap.  In the meantime, should you have any questions, please do not hesitate to contact us.