The US Citizenship and Immigration Services (“USCIS”) released new H-1B Cap information on December 11, 2009. As of that date, approximately 62,900 H-1B petitions had been filed that counted toward the cap. This means that only 2,100 petitions for new H-1B visas are available for the 2010 fiscal year, which runs from October 1, 2009 through September 30, 2010.
The USCIS has previously announced that they have already approved sufficient H-1B petitions for aliens with advanced degrees from US universities 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to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.