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 –
AILA InfoNet Doc. No. 09040861. (Posted 04/08/09)