23 Dec 2009
USCIS Reaches FY 2010 H-1B Annual Cap

After an extensive open period, USCIS has finally announced it has received enough H-1B petitions to reach the annual cap for Fiscal Year 2010. In the posted notice, USCIS remarks that the “final receipt date” for new H-1B petitions requesting an employment start date in Fiscal Year 2010 is December 21, 2009.

On December 21, USCIS received enough H-1B cap-subject petitions to reach the congressionally-mandated annual cap of 65,000 visas. USCIS had previously received enough petitions to fill the 20,000 visas reserved for those H-1B candidates that met the requirements of the “advanced degree” exemption.

USCIS will soon begin a computer-generated random selection process for all petitions received on or before December 21, 2009. All cap-subject petitions that are not randomly selected will be rejected and the filing fees will be returned to the petitioners.

Please note that USCIS will continue to process petitions filed to extend the time that an H-1B worker may remain in the U.S., to change terms of employment for H-1B workers, to allow current H-1B workers to change employers and to allow current H-1B workers to engage concurrently in a second H-1B employment position.