ImmigrationALERT

published by Hammond Law Group, LLC

September 3, 2009

H-1B Cap for FY 2010 Has Not Been Reached

For the first time in several years, the H-1B visa cap has not been met on the first day that H-1B visas have been available.  All H-1B filings that have been filed and received by April 7, 2009 will be accepted by USCIS.  It remains to be seen for how long the H-1B visa cap remains open and available. 

When the USCIS declares that the H-1B visa cap is met, all cases receipted on the last day will be subject to a random lottery.  Until the USCIS declares that the H-1B visa cap has been met, cap-subject H-1B cases may continue to be filed. 

Similarly the H-1B Masters cap has also not been reached.

UPDATE 4/8: AILA is reporting that USCIS has received about one-half of the 65,000 H-1B visas for the regular cap, but that the Masters cap has nearly been reached.

UPDATE 4/9: USCIS announced that it has received 42,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap.  USCIS continues to accept regular cap-subject H-1B cases.

 

The Masters cap has received the full subscription of 20,000 petitions. USCIS continues to accept Masters cases since their experience is that not all accepted cases will be approvable.

 

UPDATE 4/20: USCIS announced that it has received 44,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap.  USCIS continues to accept regular cap-subject H-1B cases.

 

The Masters cap has received the full subscription of 20,000 petitions. USCIS continues to accept Masters cases since their experience is that not all accepted cases will be approvable.

 

UPDATE 4/27: USCIS announced that it has received 45,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap.  USCIS continues to accept regular cap-subject H-1B cases.

 

The Masters cap has received the full subscription of 20,000 petitions. USCIS continues to accept Masters cases since their experience is that not all accepted cases will be approvable.

 

UPDATE 5/1:  USCIS announced that it has received 45,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap; this is the same number as of 4/27, which implies that H-1B petitions are slowing.  USCIS continues to accept regular cap-subject H-1B cases. 

 

The Masters cap has received the full subscription of 20,000 petitions. USCIS continues to accept Masters cases since their experience is that not all accepted cases will be approvable.

 

UPDATE 5/11:  USCIS announced that it has received 45,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap; this is the same number as of 4/27, which implies that H-1B petitions are slowing.  USCIS continues to accept regular cap-subject H-1B cases. 

 

The Masters cap has received the full subscription of 20,000 petitions. USCIS continues to accept Masters cases since their experience is that not all accepted cases will be approvable.

 

UPDATE 5/15:  USCIS announced that it has received 45,500 H-1B petitions counting toward the Congressionally-mandated 65,000 cap; this is only 500 more than 4/27, which implies that H-1B petitions continue to slow.  USCIS continues to accept regular cap-subject H-1B cases. 

 

The Masters cap has received the full subscription of 20,000 petitions. USCIS continues to accept Masters cases since their experience is that not all accepted cases will be approvable.

 

UPDATE 5/22:  USCIS announced that it has received 45,700 H-1B petitions counting toward the Congressionally-mandated 65,000 cap; this is only 500 more than 4/27, which implies that H-1B petitions continue to slow.  USCIS continues to accept regular cap-subject H-1B cases. 

 

The Masters cap has received the full subscription of 20,000 petitions. USCIS continues to accept Masters cases since their experience is that not all accepted cases will be approvable.

 

UPDATE 5/29:  USCIS announced that it has received 45,800 H-1B petitions counting toward the Congressionally-mandated 65,000 cap; this is only 800 more than 4/27, which implies that H-1B petitions continue to slow.  USCIS continues to accept regular cap-subject H-1B cases. 

 

The Masters cap has received the full subscription of 20,000 petitions. USCIS continues to accept Masters cases since their experience is that not all accepted cases will be approvable.

 

UPDATE 9/3:  USCIS announced that it has received 45,100 H-1B petitions counting toward the Congressionally-mandated 65,000 cap; USCIS continues to accept regular cap-subject H-1B cases. This is a reduction from numbers previously reported earlier in the summer. USCIS has offered no explanation for the reduction; however, this may be due to a variety of things, such as petitions which are withdrawn by employers, duplicate filings, etc.

 

The Masters cap has received the full subscription of 20,000 petitions. USCIS continues to accept Masters cases since their experience is that not all accepted cases will be approvable.

 

UPDATE 11/20:  USCIS announced that it has received 56,900 H-1B petitions counting toward the Congressionally-mandated 65,000 cap; USCIS continues to accept regular cap-subject H-1B cases.

 

The Masters cap has received the full subscription of 20,000 petitions. USCIS continues to accept Masters cases since their experience is that not all accepted cases will be approvable.

 

 

USCIS Cap Count Webpage

 

 

 

 

The Masters cap has received the full subscription of 20,000 petitions. USCIS continues to accept Masters cases since their experience is that not all accepted cases will be approvable.

 

 

 

 

 

 

 

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