With the recent announcement from the USCIS that 56,900 H-1b cases have been counted against the FY 2010 cap, there has been wide speculation about when the cap will actually be reached. Will it be a Hanukkah or Christmas present or will we get to ring in a new year with filings still to be done ? There has also been some recent news reports that state the actual cap is 58,200 due to the set-aside of 6,800 visas for the H-1b1 which are Free Trade Act visas issued to natioanls of Chile and Singapore. Those reports fail to take into consideration that unused numbers from the H-1b1 “spill-over” into the next fiscal year. Consequently, the calculation is actually 65,000 minus 6,800 plus the balance of the 6,800 from the prior fiscal year equals the actual cap. Although the numbers of unused H-1b1 visas has not been disclosed, the information that has been released indicates very light usage of the H-1b1 visa in FY 2009 and estimates are that in excess of 6,000 H-1ba visas remained which brings us right back to where we started i.e. 65,000. Breathe a sigh of relief here but, do not delay as the cap will likely be reached very soon.
Archive for the ‘H-1(b) Resources’ Category
Is the H-1b cap 65,000 or 58,200 ?
Tuesday, December 1st, 20092010 Cap Not Yet Reached!
Wednesday, April 8th, 2009USCIS released the following statement today:
USCIS Update
April 8, 2009
USCIS Continues to Accept FY 2010 H-1B Petitions
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced it continues to accept H-1B nonimmigrant visa petitions subject to the fiscal year 2010 (FY 2010) cap. USCIS will continue to monitor the number of H-1B petitions received for both the 65,000 regular cap and the 20,000 U.S. master’s degree or higher educational exemption cap.
Should USCIS receive the necessary number of petitions to meet the respective caps, it will issue an update to advise the public that, as of a certain date (the “final receipt date”), the respective FY 2010 H-1B caps have been met. The final receipt date will be based on the date USCIS physically receives the petition, not the date that the petition is postmarked. The date or dates USCIS informs the public that the respective caps have been reached may differ from the actual final receipt date.
To ensure a fair system, USCIS may randomly select the number of petitions required to reach the numerical limit from the petitions received as of the final receipt date. USCIS will reject cap subject petitions that are not selected, as well as those received after the final receipt date.
Petitions filed on behalf of current H-1B workers, who have been counted previously against the cap, will not count toward the congressionally mandated FY 2010 H-1B cap. Therefore, USCIS will continue to process petitions filed to:
• 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.
H-1B in General U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in fields, such as scientists, engineers, or computer programmers.
– USCIS –
Commerce Pick Looks to be Pro H-1b
Friday, February 6th, 2009The Hindustan Times is reporting that President Obama’s pick for Commerce Secretary, Judd Gregg, has a history of speaking in favor of the H-1b program.
HLG Releases March Business Immigration Monthly
Tuesday, April 1st, 2008HLG produces a monthly ezine directed at employers who employ foreign national workers. It is free of charge and can be subscribed to using a link to the right. The March edition was released last week. http://www.hammondlawfirm.com/monthly/business-immigration-monthly-March-2008-h-1-cap.htm
USCIS Issues Helpful Hints for H-1b filings
Monday, February 4th, 2008On Feb 1, the USCIS issued what they term as “Helpful hints” for a successful FY 2009 H1b filing.