Mithras Law Group Immigration Blog

Global Immigration and Business Solutions

H-1B Visa Cap Update for FY 2010

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In real contrast to past several years, this year the H-1B visa program is unlikely to reach its cap of 65,000 before the start of the 2010 fiscal year with still nearly 20,000 H-1B application vacancies remaining.

As of August 14, 2009, approximately 45,000 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed.  The United States Citizenship and Immigration Services (USCIS) will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

The reasons for the slow H-1B application season this year is no doubt, primarily, the economic downturn, but also, certain provisions in the stimulus package that prevent hiring foreign workers by companies receiving federal aid money. Yet another factor has been a higher number of rejections of H-1B petitions this year and greater scrutiny of the H-1B applications by the USCIS.

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Written by MithrasLaw

August 21, 2009 at 4:10 pm

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