Mithras Law Group Immigration Blog

Global Immigration and Business Solutions

H-1B Cap for FY 2010 Not Reached

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The H-1B Cap for FY 2010 has not been reached yet with fewer than predicted H-1B petitions filed this year by employers. This is the first year in many years that the H-1B cap has not been reached within days of the April 1st date — the date when the U.S. Citizenship and Immigration Services (USCIS) begins to accept petitions.

USCIS has announced that it continues to accept H-1B non-immigrant visa petitions subject to the fiscal year 2010 (FY 2010) cap. USCIS has received approximately 42,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap.  

USCIS says it 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.

Once USCIS receive the necessary number of petitions to meet the respective caps, it will issue an update 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.

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Written by MithrasLaw

April 14, 2009 at 2:51 pm

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