USCIS releases preliminary number of FY2009 H-1B Cap filings

News Release from Jewell & Associates - April 10, 2008

We reproduce, below, USCIS’s April 10, 2008 update on FY 2009 H-1B cap filings.

USCIS Update

April 10, 2008

USCIS RELEASES PRELIMINARY NUMBER OF FY 2009 H-1B CAP FILINGS

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category.

USCIS expects next week it will conduct the computer-generated random selection process, beginning with the selection of the 20,000 petitions under the advanced degree exemption. Those petitions not selected under the advanced degree category will join the random selection process for the cap-subject 65,000 limit.

USCIS will reject, and return filing fees for all cap-subject petitions not randomly selected, unless found to be a duplicate. USCIS will handle duplicate filings in accordance with the interim final rule published on March 24, 2008 in the Federal Register.

USCIS will provide regular updates as the processing of FY 2009 H-1B cap cases continues.

- USCIS -

© Jewell & Associates 2008

H-1B Cap for FY2005 nearly reached

News Release from Jewell & Associates - August 20, 2004 Government authorities confirmed a rumor today that approximately 40,000 H-1B petitions that count against the 65,000 cap on new H-1B approvals for FY 2005 (10/1/2004 through 9/30/2005) either have been approved or are in the queue for adjudication.  The 65,000 cap includes a number of H-1Bs reserved for citizens of Chile and Singapore under the recent Free Trade Agreement with those countries.  Allowing for the Chile/Singapore set-aside, it is probable that new, cap-subject H-1B petitions filed with USCIS (the former INS) after September 2004 will not be accorded approval under the FY 2005 cap.  H-1Bs under the FY 2006 cap will not be effective until October 1, 2005.

It is important to note that only “new” H-1B petitions are subject to the annual cap. Petitions to amend or extend an existing H-1B or to change H-1B employers are not subject to the cap. Employers planning to file “new” H-1B petitions should consult with their immigration counsel as soon as possible on the appropriate strategy for such cases.

© Jewell & Associates 2004

USCIS Releases H-1B Cap usage for the first quarter of FY04

News Release from Jewell & Associates - January 22, 2004

In a brief statement issued January 21, 2004, U.S. Citizenship and Immigration Services (USCIS) announced that, based upon tabulations for the first quarter of fiscal year 2004 (October 1, 2004 through December 31, 2004), 43,500 H-1B cases that could count against the 65,000 cap on new H-1B approvals for FY 2004 either have been approved or are in the queue for adjudication.  Based on these numbers, we believe that the annual limit on new H-1B approvals may be reached with petitions filed only through mid-February 2004, and that later-filed petitions may be rejected.  The new fiscal year, which will bring another allotment of 65,000 new H-1Bs, will not begin until October 1, 2004.  During the interval between the exhaustion of the H-1B cap and October 1, 2004, new H-1Bs will not be approved.

It is important to note that only “new” H-1B petitions are subject to the annual cap.  H-1B petitions for an amendment, an extension-of-stay or a change-of-employer are not subject to the cap.  Employers planning to file “new” H-1B petitions should consult with their immigration counsel as soon as possible on the appropriate strategy for such cases.

© Jewell & Associates 2004