Mithras Law Group Immigration Blog

Global Immigration and Business Solutions

The Filing Season for H-1B Petitions for Fiscal Year 2010 is Fast Approaching and Quotas will Run Out Quickly

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On April 1, 2009, employers can start filing for new H-1B petitions for Fiscal Year 2010 (beginning October 1, 2009) and if as an employer you have identified H-1B  candidates, it is recommended that you contact an immigration attorney and start the process soon as possible.

Although we are in tough economic times, it is expected that the quota or “cap” for new H-1B petitions will run out as quickly as in years past.

The cap for Fiscal Year 2010 is 65,000 per year with an additional 20,000 H-1B visas for applicants holding post-graduate (masters) degree or higher. Last year the United States Citizenship and Immigration Services received 163,000 applications in the first five days of April and had to conduct a lottery to choose the 65,000 H-1B petitions that would be processed.

It should be noted that the H-1B cap applies to “new” H-1B petitions, which include new hires, changes of status to H-1B, and students’ whose OPT expires before October 1, 2009.

Some instances where the H-1B numerical limit does not apply are:
•    H-1B transfers to new employers,
•    Extension to stay,
•    Foreign nationals seeking employment with government research
•    Foreign nationals seeking employment with non-profit research
•    Foreign nationals seeking employment with institutions of higher education
•    Physicians who previously have been on J-1 status and have applied for a waiver of the two-year residence requirement (on the basis   of service in an underserved area)

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Written by MithrasLaw

February 5, 2009 at 2:55 pm

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