H-1B Visa Quota Updates H-1B FY 2010 Quota – Filled on December 21, 2009:The H1B cap for FY 2010 was reached on December 21, 2009. The USCIS made the final FY10 cap announcement on December 22, 2009. This announcement states that sufficient cases were filed to meet the cap as of December 21, 2009. Any cap-subject cases filed after December 21, 2009 will be returned to the filer. An unspecified number of the December 21, 2009 filings will also be rejected (returned to the filer). The USCIS will conduct a random lottery of the cases filed on December 21st, since there are not enough cap numbers for all cases filed as of that date. This marks the end of the FY 2010 H1B cap filings, which began on April 1, 2009. H-1B Cap petiitons may now be prepared for the FY 2011 first day of filing on April 1, 2010.
Please note that petitions filed to extend or amend H-1B employment for foreign workers already in H-1B status and new workers to be employed by institutions of higher education or related nonprofit entities, nonprofit research organizations, or governmental research organizations are not subject to the H-1B cap. Extend the amount of time a current H-1B worker may remain in the United States.Change the terms of employment for current H-1B workers. Allow current H-1B workers to change employers. Allow current H-1B workers to work concurrently in a second H-1B position. The Employer is an institution of higher education (College or University).The Employer is a nonprofit organization or entity related to or affiliated with an institution of higher education (Hospital affiliated with a University). The Employer is a nonprofit research organization or a governmental research organization. You have been previously granted status as an H-1B nonimmigrant in the past 6 years and not left the U.S. for more than a year after attaining such status (H-1B Renewals and Transfers). Petitions for current H-1B workers do not count towards the congressionally mandated H-1B cap. USCIS will continue to process petitions filed to:
As directed by the H-1B Visa Reform Act of 2004, USCIS treats as exempt from the cap for any fiscal year the first 20,000 H-1B petitions reflecting an alien beneficiary with a US-earned masters or higher degree. USCIS also notes that petitions for new H-1B employment are not subject to the annual cap at all if the alien will be employed at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or a governmental research organization. The H-lB visa program is utilized by US. organizations to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field, such as scientists, engineers, or computer programmers. As part of the H-1B program, the Department of Homeland Security (DHS) requires US, employers to meet specific labor conditions to ensure that American workers are not adversely impacted, while the Department of Labor’s Wage and Hour Division safeguards the treatment and compensation of H-lB workers. H-1B Quota / Cap Exemptions: Petitions for current H-1B workers (H-1B transfers and H-1B renewals) do not count towards the congressionally mandated H-1B cap. Accordingly, USCIS will continue to process petitions filed to: In addition, The following 4 scenarios are not subject to the annual quota. You can apply now for an H-1B Visa if: |