H-1B Cap Is Reached for FY2010

News Release from Jewell & Associates, PC - December 22, 2009 On Tuesday, December 22, 2009, USCIS announced that the H-1B cap was reached.  All cap-subject H-1B petitions received at USCIS before Monday, December 21^st “made the cap.”  Cap-subject H-1B petitions received on Monday, December 21^st will be subject to a computer-generated random selection process to determine which of them “made the cap” and which will be returned to the petitioners un-filed.  All cap-subject H-1B petitions received after Monday, December 21^st will be returned to the petitioners un-filed.

© Jewell & Associates, PC 2009

H-1B Cap Update for FY2010

News Release from Jewell & Associates, PC - December 17, 2009

As of Tuesday, December 15, 2009, approximately 84,200 H-1B cap-subject petitions had been received and counted towards the H-1B cap.  This means that only 100 H-1Bs were still available as of yesterday, December 16th.  Accordingly, we expect an announcement from USCIS in the next few days that the cap has been reached.

© Jewell & Associates, PC 2009

H-1B Cap Update for FY2010

News Release from Jewell & Associates, PC - December 4, 2009

As of Friday, December 4, 2009, approximately 81,100 H-1B cap-subject petitions had been received and counted towards the H-1B cap.  This means that 3,200 H-1Bs are still available.  If the recent rate of use continues to accelerate, cap-subject H-1B petitions are likely to be accepted only for about one more week.

© Jewell & Associates, PC 2009

H-1B Cap Update for FY2010

News Release from Jewell & Associates, PC - November 30, 2009

As of Friday, November 27, 2009, approximately 78,900 H-1B cap-subject petitions had been received and counted towards the H-1B cap.  When this number is added to the statutory “H-1B1” set-asides of 1,400 from Chile and 5,400 from Singapore, the total H-1B cap of 85,000 is now exceeded.  Fortunately, however, it appears that USCIS is adding back in the 6,100 Chile-Singapore H-1B1s that are expected to be unused, and releasing them for general H-1B use.  This means that 5,400 H-1Bs are still available.  If the recent rate of use of about 1,300 per week remains steady, cap-subject H-1B petitions could be accepted for up to four more weeks.

© Jewell & Associates, PC 2009

H-1B Cap update for FY2010

News Release from Jewell & Associates, PC - September 24, 2009

In 2008, the annual allotment of cap-subject H-1Bs was so oversubscribed within the first few days of the filing season opening on April 1, 2008 that USCIS closed the filing period on April 7^th and instituted a lottery to select the filings that would proceed to adjudication.  In dramatic contrast, the H-1B demand in 2009 for cap-subject FY 2010 H-1Bs has been exceedingly low. As of September 18, 2009, approximately 46,000 H-1B cap-subject petitions had been received and counted towards the H-1B cap, and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. This means approximately 12,000 H-1Bs remain available.

© Jewell & Associates, PC 2009

USCIS runs random selection process for H-1B petitions

News Release from Jewell & Associates - April 14, 2008

We reproduce, below, USCIS’s April 14, 2008 update on FY 2009 H-1B cap filings.

USCIS Update

April 14, 2008

USCIS RUNS RANDOM SELECTION PROCESS FOR H-1B PETITIONS

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today conducted the computer-generated random selection processes on H-1B petitions, to select which H-1B petitions for fiscal year 2009 (FY 2009) would continue to full adjudication. If approved these H-1B petitions will be eligible to receive an H-1B visa number.

USCIS conducted two random selections, first on petitions qualifying for the 20,000 "master's or higher degree" (advanced degree) exemption, and second on the remaining advance degree petitions together with the general H-1B pool of petitions, for the 65,000 cap.

The approximately 163,000 petitions received in the first five days of the eligible filing period for FY 2009 (April 1 through April 7, 2008) were labeled with unique numerical identifiers. USCIS has notified the appropriate service centers which numerical identifiers have been randomly selected, so each center may continue with final processing of the petitions associated with those numerical identifiers.

Petitioners whose properly filed petitions have been selected for full adjudication should receive a receipt notice dated no later than June 2, 2008. USCIS will return unselected petitions with the fee(s) to petitioners or their authorized representatives. As previously announced, duplicate filings will be returned without the fee. The total adjudication process is expected to take approximately eight to ten weeks.

For cases selected through the random selection process and initially filed for premium processing, the 15-day premium processing period begins today (April 14), the day of the random selection process.

USCIS has "wait-listed" some H-1B petitions, meaning they may possibly replace petitions chosen to receive an FY-2009 cap number, but that subsequently are denied, withdrawn, or otherwise found ineligible. USCIS will retain these petitions until a decision is made whether they will replace a previously selected petition. USCIS will send a letter to the wait list petitioners to inform them of their status.

USCIS expects that for each of these wait-listed petitions, it will either issue a receipt notice or return the petition with fees within six to eight weeks.

- USCIS -

© Jewell & Associates 2008

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