News Update - April 8, 2009

By Alan Lee, Esq.

H-1B Caps Not Reached - More H-1B Petitions Can be Submitted

USCIS today announced that the caps for H-1B visas have not yet been met for FY 2010 for either the general 65,000 pool or the 20,000 U.S.master's or higher educational degree cap. If and when the number of petitions reach either cap, USCIS will likely hold a lottery to see which applications will be processed which were recieved on the "final receipt date" - the date USCIS physically received the petition. In the meantime, further petitions can be submitted until the caps are reached.

 


The author is a 26+ year practitioner of immigration law based in New York City. He was awarded the Sidney A. Levine prize for best legal writing at the Cleveland-Marshall College of Law in 1977 and has written extensively on immigration over the past years for the ethnic newspapers, World Journal, Sing Tao, Pakistan Calling, Muhasha and OCS. He has testified as an expert on immigration in civil court proceedings and was recognized by the Taiwan government in 1985 for his work protecting human rights. His article, "The Bush Temporary Worker Proposal and Comparative Pending Legislation: an Analysis" was Interpreter Releases' cover display article at the American Immigration Lawyers Association annual conference in 2004, and his victory in the Second Circuit Court of Appeals in a case of first impression nationwide, Firstland International v. INS, successfully challenged INS' policy of over 40 years of revoking approved immigrant visa petitions under a nebulous standard of proof. Its value as precedent, however, was short-lived as it was specifically targeted by the Administration in the Intelligence Reform Act of 2004.

This article © 2009 Alan Lee, Esq.

 

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