This week, USCIS published an update of the number of H-1B cap-subject
petitions they have received for Fiscal Year 2010. As of November 20,
2009, the federal agency has received approximately 56,900 H-1B
cap-subject petitions. USCIS has already approved enough H-1B petitions
for foreign nationals with advanced degrees to meet the target total of
20,000 visas allotted for petitioners that meet the advanced degree cap
exemption. All H-1B petitions filed on behalf of foreign nationals,
regardless of whether the nationals meet the requirements of the
advanced degree cap exemption, will now count toward the general cap of
65,000.
USCIS will continue to accept H-1B petitions until it has received a
“sufficient” number of these petitions to reach the mandate-defined
limits of the visa program. This takes into consideration that some
petitions received will be denied, revoked or withdrawn from
consideration.
