Finnan, Fleischut & Associates

USCIS’ FY2010 H-1B Cap Update

Beginning late last month, USCIS has been reporting frequent updates to the congressionally mandated annual numerical limit of H-1B non-immigrant visas, commonly known as the “H-1B cap”. 

-          as of October 25, for the ‘regular’ or ‘general’ cap, which permits approval of 65,000 new H-1Bs for Fiscal Year 2010 (FY10), USCIS had received approximately 52,800 petitions; for the ‘U.S. Master’s exemption’, which permits approval of 20,000 additional H-1Bs for holders of U.S.-earned advanced degrees, USCIS had received approximately 20,000 petitions.  Advanced-degree petitions have begun being applied to the remaining balance of 65,000 under the regular cap.

-          as of November 6, USCIS had received approximately 54,700 regular cap petitions; and had approved 20,000 Master’s exemption H-1Bs.