Cap Count Estimates 3,500 H-1B Visas Remaining for Fiscal Year 2010 | Med Law Blog | Tucker Arensberg, P. C.

Contributed by: Piyush Seth, Esquire

As of November 6, 2009, approximately 54,700 H-1B cap-subject petitions had been filed. As per American Immigration Lawyers Association, see AILA InfoNet Doc. No. 09042065 (posted Nov. 17, 2009). USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000. 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to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

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