H-1B Visas for Fiscal Year 2010 Remaining as of October 30, 2009

 

On November 3, 2009, USCIS issued an update on the remaining number of cap-subject H-1B visas for fiscal year 2010.  Fiscal year 2010 visas would allow foreign workers to begin employment with United States employers on October 1, 2010.

53,800 cap-subject H-1B visas have been filed.  An unknown number of H-1B1 visas for nationals of Chile or Singapore have been received, but have not been exhausted.  H-1B visas for advanced degree workers have reached their annual limit of 20,000.

Given that the annual quota of cap-subject H-1B visas is 65,000 and 6,800 of those are shared for H-1B1 visas, there remain between 4,400 and 11200 cap-subject H-1B visas for fiscal year 2010.  Future H-1B petitions filed for advanced degree workers would also be counted against the 65,000 H-1B annual cap.

H-1B annual quotas do not impact cap-exempt positions, H-1B extensions, and petitions for change of employers.

The Chander Law Firm recommends that businesses interested in petitioning for foreign workers under the fiscal year 2010 H-1B cap file as soon as possible.  Visa numbers could be exhausted before the end of November.

Related Links

Cap Count for H-1B, H-2B and H-3 Workers for Fiscal Year 2010

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