August 11, 2009

USCIS Updates FY 2010 H-1B Count and Reopens H-2B Fiscal Year 2009 Filing Eligibility

As of August 7, 2009, approximately 44,900 cap-subject petitions had been received by United States Immigration Citizenship and Immigration Services (USCIS) and counted towards the fiscal year 2010 H-1B cap (October 1, 2009 to September 30, 2010). 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.

In addition, USCIS announced it will reopen the filing eligibility for new H-2B petitions for the Fiscal Year 2009 due to a low demand.  While the USCIS had previously closed the filing period after approving the federally mandated cap of 66,000 visas, the Department of State indicates there are approximately 25,000 visa numbers that remain unused.  While this may be good news for employers, it also presents a challenge given the recruitment timing and requirements of the H-2B program.  Preparing and filing  the petitions with sufficient time to be adjudicated prior to the deadline of September 30, 2009 may prove to be impossible at this late stage.  More information, including an FAQ issued by USCIS can be found at http://www.uscis.gov/USCIS.