H-1B cap for fiscal year 2010 has been reached

On December 23, 2009, USCIS announced that it had received enough new H-1B petitions to reach the annual cap of 65,000 for fiscal year 2010. Fiscal year 2010 began October 1, 2009, and ends September 30, 2010. The "final receipt day" was Monday, December 21, 2009. Petitions received on December 23 will be subject to a random selection process to reach the exact cut off figure. All petitions not selected will be returned with fee to the petitioner.

Now that the cap has been reached, no new H-1B petitions can be filed until April 1, 2010 with start dates on or after October 1, 2010.

The cap applies to workers who have not previously held H-1B status. The cap does not apply to the following cases:

• Extensions of stay in H-1B status.
• Change of H-1B employers (unless the previous employer was exempt).
• University or affiliated employers
• Non-profit or U.S. government research organizations
• J waiver physicians

There is an exemption for first-time beneficiaries who hold U.S. master's degrees. Up to 20,000 people each year are exempt in this category. The "master's cap" has been reached as well.

Contact our office to see if there is another category available for you if you are affected by the cap, such as TN, E-3, O-1, or L.

The American Immigration Lawyers Association has called on Congress to increase the number of H-1B visas to allow the U.S. economy to continue to benefit from the talents and abilities of foreign workers.