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.
