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USCIS Reaches FY 2010 H-1B Cap
by USCIS
Wednesday, December 23, 2009
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USCIS Reaches FY 2010 H-1B Cap WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has
received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2010. USCIS is hereby notifying the public that Dec. 21, 2009 is the “final receipt date” for new H-1B specialty occupation petitions requesting an employment start date in FY 2010.
USCIS Reaches FY 2010 H-1B Cap
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has
received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2010.
USCIS is hereby notifying the public that Dec. 21, 2009 is the “final receipt date” for new H-1B
specialty occupation petitions requesting an employment start date in FY 2010.
The “final receipt date” is the date on which USCIS determines that it has received enough
cap-subject petitions to reach the limit of 65,000. USCIS has also received more than 20,000 H-1B
petitions filed on behalf of persons exempt from the cap under the “advanced degree” exemption.
Properly filed cases will be considered received on the date that USCIS physically receives the
petition; not the date that the petition was postmarked. USCIS will reject cap-subject petitions for
new H-1B specialty occupation workers seeking an employment start date in FY 2010 that arrive
after Dec. 21, 2009.
USCIS will apply a computer-generated random selection process to all petitions that are subject to
the cap and were received on Dec. 21, 2009. USCIS will use this process to select petitions needed
to meet the cap. USCIS will reject, and return the fee, for all cap-subject petitions not randomly
selected.
Petitions filed on behalf of current H-1B workers who have been counted previously against the cap
will not be counted towards 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.
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