News Update - November 21, 2009

By Alan Lee, Esq.^†‡

85% of H-1B Cap Numbers Used—Rush if You Wish to Apply

As of November 13, 2009, USCIS has received approximately 55,600 H-1B petitions.  The cap for general H-1B petitions is 65,000 per year, running from April 2009 to April 2010.  This means that with a little over four months left for filing, there is room for only 9,400 H-1B petitions.  For those planning to file for an H-1B petition, it is important to act quickly.

In addition to 85% of 65,000 H-1B petitions being accounted for, the separate cap of 20,000 H-1B petitions for aliens with advanced degrees was reached at the beginning of the filing period.  Those H-1B applicants with advanced degrees will now compete in the same general applicant pool for the remaining 9,400 petition allowances.

The 65,000 cap will be reached fairly quickly with estimates ranging from the end of November to the beginning of 2010. Should the cap be reached, USCIS will issue an update to the public advising that, as of a certain date, the H-1B cap for the year has been met.  USCIS may hold a visa lottery, randomly selecting the number of petitions required to reach the 65,000 cap and rejecting all those applications not selected in the lottery. Again, those still wishing to apply for an H-1B visa are advised to do so as soon as possible.

† 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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The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.