H-1B Demand for FY 2010 – Updates

Regular Petitions Subject to Cap
As of April 9, 2009, the United States Citizenship and Immigration Services (USCIS) have received approximately 42, 000 H-1B nonimmigrant petitions counting toward the congressionally mandated 65,000 cap. The USCIS has indicated that they will continue to accept H-1B petitions subject to the cap.

Advanced Degree Petitions
In regards to foreign applicants with U.S. Advanced degrees, the USCIS has indicated that they have received 20,000 petitions; however, they will continue to accept petitions. The reason for accepting more U.S. Advanced degree petitions is because experience has shown that not all petitions initially accepted are approvable. The USCIS also indicated that they will provide updates.

Premium Processing
For those who have selected to utilize the Premium Processing option, the USCIS has advised that the 15 calendar day started on April 7, 2009. Utilizing the Premium Processing option allows an H-1B recipient to obtain an approval within 15 days of submitting the petition for an additional cost of $1,000. In other words, for those applicants who have submitted their H-1B petitions under Premium Processing, they should have an approval or denial within 15 days of April 7, 2009.

Receipt Issuance
The USCIS has also indicated that H-1B receipts are being issued as of April 8, 2009. If you have filed an H-1B petition, please be patient to receive your receipt before inquiring whether or not your case has been received and/or accepted by the USCIS.

H-1B Lottery
Once the USCIS determines that sufficient petitions have been received to meet the H-1B congressionally mandated cap, the USCIS will then conduct a random selection lottery from the petitions received on that day.

If you have any questions about the H-1B nonimmigrant visa program, the regulations surrounding the program or the H-1B visa in general, please contact our office to schedule a consultation.